[2023] KEHC 2335 (KLR)
The court found that the applicant, as administrator, failed to discharge his statutory duty to distribute the estate within the prescribed period and did not provide any reasonable explanation for the inordinate delay of over five years since the confirmation of grant. The application for police security was...
Source-derived case information.
- Citation
- [2023] KEHC 2335 (KLR)
- Parties
- Applicant: Chabari Marete; Respondent: George Kinoti Karani
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 76B of 1994
- Procedural Posture
- Succession Cause / Ruling on Notice of Motion for Police Security and Consideration of Revocation of Grant
- Outcome
- application dismissed; grant revoked; directions for new administrators and compliance given; costs to applicant
- Judges
- TW Cherere
- Legal Topics
- Administration of Estates, Revocation of Grant, Delay in Distribution, Court Powers in Succession, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chabari Marete
Applicant
George Kinoti Karani
Respondent
Procedural Posture
Succession Cause / Ruling on Notice of Motion for Police Security and Consideration of Revocation of Grant
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for police security during sub-division of the estate.
- 2 Whether the applicant has failed in his duty to administer and distribute the estate within the statutory period.
- 3 Whether the Letters of Administration should be revoked due to inordinate delay and lack of diligence.
Ratio Decidendi
The court found that the applicant, as administrator, failed to discharge his statutory duty to distribute the estate within the prescribed period and did not provide any reasonable explanation for the inordinate delay of over five years since the confirmation of grant. The application for police security was unsupported by evidence or specific allegations. The court held that such delay was prejudicial to the beneficiaries and justified revocation of the Letters of Administration. The interests of justice required intervention to protect the beneficiaries and ensure proper administration of the estate. Consequently, the application was dismissed, the grant revoked, and directions given...
Court Disposition
application dismissed; grant revoked; directions for new administrators and compliance given; costs to applicant
Orders
- Notice of Motion dated 26th January, 2023 is dismissed.
- Letters of Administration issued to the applicant on 19th September, 1994 are revoked.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Marete Kiraitu (Deceased) (Succession Cause 76B of 1994) [2023] KEHC 2335 (KLR) (16 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2335 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 76B of 1994
TW Cherere, J
March 16, 2023
IN THE MATTER OF THE ESTATE OF MARETE KIRAITU DECEASED
Between
Chabari Marete
Administrator
and
George Kinoti Karani
Interested Party
and
George Kinoti Karani
Interested Party
Ruling
1. Certificate of Confirmation of Grant in this matter was issued to Chabari Merete (Administrator/Applicant) on 29th November, 2017. To date, over 5 years down the line, the estate has not been distributed.
2. Section 83 of the Law of Succession Act Cap 63 Laws of Kenya which provides that: (g)within six months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration.
3. Applicant’s notice of motion dated 26th January, 2023 requesting for police security during sub-division of the land neither identifies the persons that are interfering with sub-division nor does it give details of incidents when sub-division was commenced but was stalled due to interference.
4. Section 76 of the Law of Succession provides that:A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion-d.that the person to whom the grant was made has failed, after due notice and without reasonable cause either-i.to apply for confirmation of the grant within one year from the date thereof, or such longer period as the court has ordered or allowed; orii.to proceed diligently with the administration of the estate; oriii.………………
5. It has been more than five years since the Certificate of Confirmation of Grant was issued. Applicant has not offered any explanation for his failure to discharged his obligation to distributing the estate. Consequently, I find that the delay on the part of the Applicant is inordinate and prejudicial to the beneficiaries of deceased’s estate and the interests of justice calls for court’s intervention.
6. To that end, it is hereby ordered:1. Notice of Motion dated 26th January, 2023 is found to have no merit and it is dismissed.2. Letters of Administration issued to the Applicant on 19th September, 1994 are hereby revoked3. Chief’s letter be availed with a list of the names of deceased’s beneficiaries whether dead or alive4. Parties to agree on the names of administrators to the estate
5. This matter will be mentioned on 27th April, 2023 to confirm compliance with orders (3) and (4) and for further orders as may be appropriate
6. Applicant is condemned to pay the costs of this application
DATED AT MERU THIS 16TH DAY OF MARCH 2023WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Otieno for Otieno C. & Co. AdvocatesFor Interested Party - Mr. Gitonga for Basilio Gitonga, Muriithi & Assocates