[2016] KEHC 1974 (KLR)
The administrators have failed to complete the administration of the estate within the statutory period of six months after confirmation of the grant, as required by section 83(g) of the Law of Succession Act. The court finds that the delay of sixteen years is unjustified and that the issue of accounts does not...
Source-derived case information.
- Citation
- [2016] KEHC 1974 (KLR)
- Parties
- MISSING: Peter Muigai Ruhiu (Deceased); Applicant: Administrators of the Estate of Peter Muigai Ruhiu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 763 of 1997
- Procedural Posture
- Succession Cause / Post Confirmation, Compliance Review
- Outcome
- Administrators granted thirty days to complete distribution of the estate; non-compliance will expose the grant to revocation.
- Judges
- DN Musyoka
- Legal Topics
- Succession Administration, Grant Confirmation, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muigai Ruhiu (Deceased)
MISSING
Administrators of the Estate of Peter Muigai Ruhiu
Applicant
Procedural Posture
Succession Cause / Post Confirmation, Compliance Review
Legal Issues
- 1 Whether the administrators have complied with the duty to complete administration of the estate within the statutory period.
- 2 Whether the failure to distribute the estate warrants revocation of the grant.
- 3 Whether the issue of accounts justifies delay in distribution of the estate.
Ratio Decidendi
The administrators have failed to complete the administration of the estate within the statutory period of six months after confirmation of the grant, as required by section 83(g) of the Law of Succession Act. The court finds that the delay of sixteen years is unjustified and that the issue of accounts does not excuse the failure to distribute the estate. The court exercises its discretion to grant a final opportunity for compliance, warning that non-compliance will expose the grant to revocation under section 76 of the Act. The administrators are directed to distribute the estate within thirty days in accordance with the confirmation orders of 21st May 1999.
Court Disposition
Administrators granted thirty days to complete distribution of the estate; non-compliance will expose the grant to revocation.
Orders
- Administrators to complete administration of the estate by distributing assets in terms of the confirmation orders made on 21st May 1999.
- Distribution to be completed within thirty days of the date of this order.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 763 OF 1997
IN THE MATTER OF THE ESTATE OF PETER MUIGAI RUHIU (DECEASED)
RULING
1. I have gone through the statements of accounts filed by the parties and I am satisfied that there has been full compliance with the orders requiring accounts. I shall leave it to the parties to move the court appropriately with respect to any concerns arising from the said accounts.
2. I have gone through the file and noted that the grant herein was confirmed on 21st May 1999. To date the estate has not been distributed, yet section 83(g) of the Law of Succession Act, Cap 160, Laws of Kenya, imposes a duty on personal representatives to complete administration within six (6) months of the confirmation of the grant. That provision is in mandatory terms. The estate herein ought to have been distributed by 21st November 1999. It is now sixteen (16) years since that time expired. The failure to complete administration within the time stipulations means that administrators have failed in their duties.
3. The parties have expended considerable time on accounts. The matter of the accounts cannot be an excuse for failing to complete administration. That issue can be pursued even after distribution of the assets and whoever is found to be guilty of maladministration required to reimburse the estate.
4. I will grant the administrators time to complete administration of the estate. There is discretion in section 76 of the Act for the court to revoke a grant suo moto. The exercise of that discretion is available in the circumstances of the case now before me.
5. Consequently is shall direct as follows:-
(a) That the administrators to complete administration of the estate herein by distributing the assets in terms of the confirmation orders made on 21st May 1999;
(b) That that should be done within thirty (30) days of the date of this order;
(c) That the Deputy Registrar shall serve copy of this ruling on the Public Trustee;
(d) That the matter shall be mentioned after thirty (30) for compliance and for further orders; and
(e) That non-compliance with (b) above shall expose the grant herein to revocation.
DATED, SIGNED and DELIVERED at NAIROBI this 18TH DAY OF NOVEMBER, 2016.
W. MUSYOKA
JUDGE