[2016] KEHC 2963 (KLR)
The court declined to reappoint the previous administrator due to his failure to complete the administration of the estate and non-compliance with court orders. In the absence of family consensus, the court exercised its discretion under the Law of Succession Act to appoint the three surviving children of the...
Source-derived case information.
- Citation
- [2016] KEHC 2963 (KLR)
- Parties
- Respondent: Christopher Muringe Kibue; Applicant: Alice Nyakarura Kibue; Applicant: Veronicah Njeri Kibue; Applicant: Paul Njung’e Kibue; Applicant: Alice Njeri Ruringe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 611 of 1995
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators After Revocation of Grant
- Outcome
- Application for appointment of new administrators granted; previous administrator not reappointed.
- Judges
- DN Musyoka
- Legal Topics
- Appointment of Administrators, Revocation of Grant, Confirmation of Grant, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Muringe Kibue
Respondent
Alice Nyakarura Kibue
Applicant
Veronicah Njeri Kibue
Applicant
Paul Njung’e Kibue
Applicant
Alice Njeri Ruringe
Applicant
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators After Revocation of Grant
Legal Issues
- 1 Whether the previous administrator should be reappointed after failing to complete administration and comply with court orders.
- 2 Who should be appointed as administrators of the estate in the absence of consensus among the family members.
- 3 Whether the certificate of confirmation of grant should be rectified to conform with previous court orders.
Ratio Decidendi
The court declined to reappoint the previous administrator due to his failure to complete the administration of the estate and non-compliance with court orders. In the absence of family consensus, the court exercised its discretion under the Law of Succession Act to appoint the three surviving children of the deceased and the widow of the deceased's son as administrators. The court further directed that the certificate of confirmation of grant be rectified to align with previous court orders, ensuring proper administration and distribution of the estate.
Court Disposition
Application for appointment of new administrators granted; previous administrator not reappointed.
Orders
- Alice Nyakarura Kibue, Veronicah Njeri Kibue, Paul Njung’e Kibue, and Alice Njeri Ruringe are appointed administrators of the estate of Kibue Kangari.
- A grant of letters of administration intestate shall issue to the new administrators.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 611 OF 1995
IN THE MATTER OF THE ESTATE OF KIBUE KANGARI (DECEASED)
RULING
1. On 10th June 2016 I delivered a ruling where I revoked the grant made on 23rd May 1995 to Christopher Muringe Kibue, and directed the family to agree on the names of the persons to be appointed as administrators. The matter was then fixed for mention on 13th July 2016 to receive the names of the persons to be suggested by the family.
2. Come 13th July 2016, the parties indicated that the family had been unable to agree on the persons to be appointed as administrators, and invited the court to appoint administrators.
3. According to the affidavit sworn on 16th February 1995 in support of the petition lodged at the registry on 1st March 1995, the persons listed in the column of survivors of the deceased were Leah Wambui (wife) (deceased), Hannah Wairimu, Hannah Wairimu (wife), George Muringe (son) (deceased), Jane Njanja (daughter), Christopher Muringe (son), Alice Nyakarura (daughter), Ceronicah (Veronicah I presume) Njeri (daughter) and Paul Njung’e (son).
4. The tussles in the matter have been largely between Christopher Muringe Kibue, in his capacity as administrator, and his two sisters, Alice Nyakarura Kibue and Veronicah Njeri Kibue. Paul Njung’e has not featured in the disputes. The widows of the deceased are themselves dead. Only four of the children are alive, including the immediate administrator of the estate. I have noted that the deceased son of the deceased was survived by a widow called Alice Njeri Ruringe.
5. I am disinclined to return the previous administrator to office following his spectacular failure to complete administration of the estate and to comply with court orders. I am moved to appoint the three surviving children of the deceased to that office, that is to say Alice Nyakarura Kibue, Veronicah Njeri Kibue and Paul Njung’e Kibue shall add the surviving widow of George Muringe, that is to say Alice Njeri Ruringe, to the number.
6. Consequently, I do hereby make the following orders
(a) That I appoint Alice Nyakarura Kibue, Veronicah Njeri Kibue, Paul Njung’e Kibue and Alice Njeri Ruringe administrators of the estate of the deceased;
(b) That a grant of letters of administration intestate shall issue to them accordingly; and
(c) That the new administrators shall move with speed to have the certificate of confirmation of grant dated 26th March 1996 rectified to conform with the orders made by the court on 17th June 1997 and 8th December 2011, and also to the order herein.
DATED, SIGNED and DELIVERED at NAIROBI this 23RD DAY OF SEPTEMBER, 2016.
W. MUSYOKA
JUDGE