[2022] KEHC 879 (KLR)
The court determined that the central issue in dispute is the validity of the deceased's Will. To avoid protracted litigation and further interlocutory applications, the court directed that the objections to the Will's validity be heard as a priority. The court reaffirmed and maintained previous orders restraining...
Source-derived case information.
- Citation
- [2022] KEHC 879 (KLR)
- Parties
- Applicant: James Anthony Kariuki; Respondent: Alex Ndoria Karuri; Respondent: Austine Wachira Karungo; Respondent: Winfred Kariuki; Respondent: Brenda Nyambura Kiragu; Respondent: Jane Alice Wambui Kiragu; Respondent: Silas Macharia Nginyo; Respondent: Margaret Wangari Nginyo; Respondent: Sarah Mukuhi Nginyo Kariuki; Respondent: Rose Wanjiru Kariuki; Respondent: Scholastica Njeri Kariuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 336 of 2020
- Procedural Posture
- Petition / Directions After Interlocutory Rulings; Pending Hearing of Objections to Will
- Outcome
- Directions issued for priority hearing of objections to Will; previous restraining and audit orders remain in force; leave to appeal granted.
- Legal Topics
- Probate and Administration, Validity of Wills, Intermeddling With Estate, Forensic Audit of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Anthony Kariuki
Applicant
Alex Ndoria Karuri
Respondent
Austine Wachira Karungo
Respondent
Winfred Kariuki
Respondent
Brenda Nyambura Kiragu
Respondent
Jane Alice Wambui Kiragu
Respondent
Silas Macharia Nginyo
Respondent
Margaret Wangari Nginyo
Respondent
Sarah Mukuhi Nginyo Kariuki
Respondent
Rose Wanjiru Kariuki
Respondent
Scholastica Njeri Kariuki
Respondent
Procedural Posture
Petition / Directions After Interlocutory Rulings; Pending Hearing of Objections to Will
Legal Issues
- 1 Whether the Will of the deceased is valid and should be admitted to probate.
- 2 Whether the respondents have intermeddled with the deceased's estate contrary to court orders.
- 3 Whether a forensic audit of the estate is necessary to account for funds and assets since the deceased's demise.
Ratio Decidendi
The court determined that the central issue in dispute is the validity of the deceased's Will. To avoid protracted litigation and further interlocutory applications, the court directed that the objections to the Will's validity be heard as a priority. The court reaffirmed and maintained previous orders restraining the respondents from intermeddling with the estate and requiring them to account for all funds and proceeds received from the estate since the deceased's death. The court also ordered a forensic audit of the estate to be conducted by an agreed-upon audit firm, or one appointed by the court if parties fail to agree. The outcome of the objections to the Will will determine the...
Court Disposition
Directions issued for priority hearing of objections to Will; previous restraining and audit orders remain in force; leave to appeal granted.
Orders
- The issue of the validity of the Will shall be heard immediately.
- The matter shall proceed with the hearing of the objections dated 4th September, 2020 and 21st September, 2020.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL & HUMAN RIGHTS DIVISION
PETITION NO. 336 OF 2020
IN THE MATTER OF THE ESTATE OF LAWRENCE NGINYO KARIUKI – (DECEASED)
JAMES ANTHONY KARIUKI.................................................................................APPLICANT
VERSUS
ALEX NDORIA KARURI ............................................................................1ST RESPONDENT
AUSTINE WACHIRA KARUNGO.............................................................2ND RESPONDENT
WINFRED KARIUKI...................................................................................3RD RESPONDENT
BRENDA NYAMBURA KIRAGU..............................................................4TH RESPONDENT
JANE ALICE WAMBUI KIRAGU.............................................................5TH RESPONDENT
SILAS MACHARIA NGINYO................................................................. 6TH RESPONDENT
MARGARET WANGARI NGINYO.........................................................7TH RESPONDENT
SARAH MUKUHI NGINYO KARIUKI..................................................8TH RESPONDENT
ROSE WANJIRU KARIUKI....................................................................9TH RESPONDENT
SCHOLASTICA NJERI KARIUKI.....................................................10TH RESPONDENT
COURT DIRECTIONS
I have perused the file herein. Justice Muchelule and Lady Justice Mutuku delivered rulings dated 20th December, 2021 and 27th July 2021 respectively. The two rulings have well set out what is pending before this court. I take note of the direction by Lady Justice Mutuku on 12th July, 2021 that the two petitions for letters of administration pendette lite be heard on priority basis. In her Ruling of 27th July 2021 she issued the following orders:
(1) and( 2) ……….. spent.
(3) That the respondents, their agents, servants and or employees are hereby restrained from intermeddling and or interfering with the Deceased’s estate including his bank accounts domiciled at Consolidated Bank of Kenya and I&M Bank Limited until Grant of probate or letters of Administration in respect of the Deceased’s estate is issued and confirmed by this court.
(4) That the respondents are hereby ordered to account for all funds and or proceeds they have collected and or received from the Deceased’s estate since his demise on 24th February, 2020 and how they were utilized, spent and or preserved.
(5) That this Honourable court hereby orders that a forensic audit of the Deceased’s estate since his demise to be conducted by an audit firm to be agreed upon by all the beneficiaries herein failing which the court to appoint one.
(6) That the failure to account as ordered in order No.v above, the respondent shall refund to the estate all and any of the proceeds they have withdrawn from the Deceased’s accounts and or misappropriated from the entire estate.
By these orders parties have been clearly warned on what they should do or not do. At the centre of this dispute is the contested Will by the deceased. With the numerous applications, petitions and counter applications which some parties want heard first it will take a long time before the main issue here is determined. The fear of intermeddling has been taken care of by the orders issued herein on 27th July, 2021. It is either the Will is valid and Executors be appointed OR the Will is invalid and Administrators appointed.
(i)It is therefore my considered opinion that the issue of the validity of the Will be heard immediately. I direct that the matter proceeds with the hearing of the two objections dated 4th September, 2020 (Brenda Nyambura Kiragu 4th respondent) and 21st September, 2020 (Winfred Wanjiru Kariuki – 3rd respondent and her children 1st and 2nd respondents).
(ii)The outcome will determine how any other petition/application will be dealt with.
(iii)The orders issued on 27th July, 2021 remain in force.
(iv)Any party dissatisfied with the direction is granted leave to appeal.
(v)Besides that, this court will proceed to hear from counsel on how they wish to proceed with the two objections mentioned above.
DELIVERED VIRTUALLY, SIGNED AND DATED THIS 4TH DAY OF APRIL, 2022 IN OPEN COURT AT MILIMANI, NAIROBI.
H. I. ONG’UDI
JUDGE OF THE HIGH COURT