[2022] KEHC 16877 (KLR)

In re Estate of Njoroge Mugo (Deceased) (Succession Cause 211 of 1991) [2022] KEHC 16877 (KLR) (Family) (7 November 2022) (Ruling)

Neutral citation: [2022] KEHC 16877 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 211 of 1991

EKO Ogola, J

November 7, 2022

Between

Victoria Wambui Njoroge

1st Administrator

Peninah Wairimu Karume

2nd Administrator

and

Irene Gathoni Njenga

Respondent

Ruling

1. Before the court is a summons application dated July 21, 2022 brought under a certificate of urgency of the same date. The application prays for the following orders:1)Spent2)That the honorable court be pleased to authorize the administrators and/or deputy registrar to sign all relevant document necessary on behalf of Irene Gathoni Njengain order to give effect to the certificate of confirmation of grant herein rectified on the June 22, 20223)That the land registrar be directed to dispense with the production of the respondent’s passport size photographs, pin certificate, or her identity card while registering the transfer4)That the costs of this application be in the cause.

2. The application is premised upon section 45, 47 and 83 of the Law of Succession Act and rules 49, 59 and 73 of the Probate and Administration Rules. It is based on the grounds set out therein and is supported by the affidavit of Victoria Wambui Njoroge sworn on 21st July,2022 and a further affidavit by Peninah Wairimu Karume sworn on the same date.

3. The respondent, who is a beneficiary of the estate, was served with the application and a hearing notice as is evidenced by the affidavit of service dated October 17, 2021. No submissions were filed with regard to the application.

4. The application relates to the estate of Njoroge Mugo (hereinafter “the deceased”) who died intestate on February 14, 1987. After the demise, the applicants sought for grant of letters of administration. The grant was issued on February 22, 2019 and confirmed on 15th November, 2019. The Confirmed Grant was subsequently rectified on October 13, 2021 and 22nd June, 2022.

5. As expected of the administrators, they began the process of distributing the deceased’s estate as per the rectified confirmation of grant. They asked the beneficiaries to sign the transfer documents. The respondent has refused to co-operate without giving reasons. She has refused to furnish the Applicant with relevant documents to facilitate the transfer. The respondent is allegedly very hostile with the applicants.

6. The Applicants aver that it is a requirement by the Land Registrar for all beneficiaries to execute the Transfer documents, and that the actions of the Respondent have derailed the whole distribution process.

7. The Applicants pray that the Administrators/Deputy Registrar be authorized to sign transfer forms to be registered as proprietor by transmission L.R 19 partition Forms, Land Control forms and any other documents necessary to implement the confirmed grant.

Determination 8. I have carefully considered the Application before me. The key issue before this court is whether the Applicants are entitled to the prayers sought.

9. Under Section 83 (g) of the Law of Succession Act Cap 160, personal representatives have a duty to complete administration of the estate of a deceased person within six (6) months after the Confirmation of a Grant.

10. Rule 73 of the Probate & Administration Rulesprovides that;“Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.”

11. The Confirmed Grant was rectified in June, 2022. Four months have passed and the Applicants have done their best in trying to distribute the estate of the deceased. They have attached documents showing that all other beneficiaries have complied apart from the Respondent. The Respondent has not signed the transfer document and has not provided her photographs. The Respondent has not given reasons as to why she has not done so. She has also not responded to the Application despite being served by the Applicants. The Respondent has not filed any kind of objection with regard to the distribution of the estate.

12. From the foregoing, the Applicants prayers are granted as follows:1. That the Respondent is hereby ordered to sign the transfer documents and provide her passport photographs within 7 days from the date of this Ruling2. That failure by the Respondent to comply to Order 1 above, the Deputy Registrar shall stand authorized to sign all relevant documents necessary on behalf of the Respondent.3. That failure by the Respondent to comply with Order 1 above, the Land Registrar shall stand authorized to dispense with the production of the passport photo of the Respondent herein during the Registration process.4. That the costs of this application shall be met by the Respondent.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7TH DAY OF NOVEMBER 2022. E.K. OGOLAJUDGEJudgment delivered in the presence of:Mr. Mirie for the ApplicantN/A for the RespondentMs. Gisiele Court Assistant