[2024] KEHC 11687 (KLR)

In re Estate of Samuel Muchiri Njuguna (Deceased) (Succession Cause 444 of 2023) [2024] KEHC 11687 (KLR) (Family) (12 July 2024) (Ruling)

Neutral citation: [2024] KEHC 11687 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 444 of 2023

PM Nyaundi, J

July 12, 2024

IN THE MATTER OF THE ESTATE OF SAMUEL MUCHIRI NJUGUNA (DECEASED)

Between

Esther Wacheke Githinji

Applicant

and

Tabitha Mumbi Muchiri, Michael Macharia Muchiri & James Njuguna Muchiri (Sued as the Representatives of the Estate of Samuel Muchiri Njuguna)

1st Respondent

Stephen Mbugua Githukia

2nd Respondent

Ruling

1. Vide Application dated 23rd September 2023, presented under Section 47 of the Law of Succession Act, Rules 73 of the Probate and Administration Rules and any other enabling provisions, the Applicant Esther Wacheke Githinji seeks the following orders-1. Spent.2. Spent3. That title issued to Stephen Mbugua Githukia holding in trust for Kelvin Muriithi Muchangi parcel No. LR 1317/195 Gilgil Town on the 18th May, 2023 and all subsequent entries made in the register be cancelled and the title reverts to the name of the representatives of the Estate of the late Samuel Muchiri Njuguna pending the hearing and determination of this application and Nakuru CMC Succession Cause No. E024 of 2022 (In the matter of the Estate of Josphat Muchangi Muriithi)4. That inhibition orders to issue against LR 1317/195 Gilgil Town restraining any dealings whatsoever pending the hearing and determination of this Application and Nakuru CMC Succession Cause No E024 of 2022 (In the matter of the Estate of Josphat Muchangi Muriithi)

2. The Application is supported by the Affidavit of the Applicant sworn on even date. She avers that in contravention of the Judgment delivered herein on 23rd May 2019, the 2nd Respondents have transferred Land Parcel No. LR No. 1317/195 to the first respondent ostensibly to hold in trust for Kelvin Muriithi Muchangi.

3. The Respondents did not file a response but by Notice of Motion dated 26th June 2024 sought to arrest the ruling herein on the basis that the Application is moot as the subject parcel of land has been transferred to Kelvin Muriithi Muchangi. In other words, having acted contrary to the decision of the Court, there is nothing for the Court to determine!

4. The issue for determination is whether the Administrators herein have the mandate to transfer the subject land otherwise than as directed by the Court in its judgment delivered on 23rd May 2019

5. The Petition herein relates to the Estate of Samwel Muchiri Njuguna (Deceased). At paragraph 1 of judgment delivered on 23rd May 2019, the Court declared that the deceased herein sold LR No. 1317/195 to Josephat Muchangi Muriithi (who was deceased). The Court observed that all the parties acknowledged this fact.

6. In its judgment the Court observed that the administrators had erroneously sought to deal with the distribution of estate Josphat Muchanga Muriithi within the Estate of Samuel Muchiri Njuguna when they purported to distribute L.R. No. 1317/195 – Gilgil township to Stephen Mbugua Githuka to hold in trust for Kelvin Muriithi Muchangi.

7. The Court consequently reviewed the orders issued on 6th December 2011 allowing registration of property L.R. No. 1317/195 in the names of Stephen Mbugua Githuka to hold in trust for Kelvin Muriithi Muchangi and directed that the property be registered for the benefit of the estate of Josphat Muriithi Muchangi. The effect of the order of the Court was therefore to rectify the grant and distribute the suit property to the estate of Josphat Muriithi Muchangi.

8. This order of the Court was not appealed against. From the Title availed before Court it is clear that on 30th May 2023, the Administrators herein purported to transfer the subject parcel to Stephen Mbugua Githuka to hold in trust for Kelvin Muriithi Mwangi, in blatant disregard the Order of the Court issued on 23rd May 2019. The order of the Court was not a suggestion offered by the Court, it was a directive and the Administrators were expected to comply.

9. In Republic v County Government of Kitui Ex parte Fairplan Systems Limited [2022] eKLR the Court cited with approval the decisions in Republic v County Chief Officer, Finance & Economic Planning, Nairobi City County Ex Parte Stanley Muturi [2108] eKLR and Teacher’s Service Commission vs. Kenya National Union of Teachers & 2 Others Petition No. 23 of 2013 and pronounced itself thus-Court orders are not meant for cosmetic purposes. They are serious decisions that are meant to be and ought to be complied with strictly…A court order is not a mere suggestion or an opinion or a point of view. It is a directive that is issued after much thought and with circumspection. It must therefore be complied with and it is in the interest of every person that this remains the case. To see it any other way is to open the door to chaos and anarchy and this Court will not be the one to open that door. If one is dissatisfied with an order of the court, the avenues for challenging it are also set out in the law. Defiance is not an option

10. The 2nd Respondents (Administrators) herein appear to have a divergent view on how the estate of the deceased ought to be distributed, diametrically opposed to that of the Court as directed in judgment delivered on 23rd May 2019. In the circumstances the only avenue available to them was to appeal that judgement, they failed to do so and for that reason they are bound to comply.

11. Accordingly, I will make the following ordersi.Application dated 27th September 2023 is allowed.ii.The title issued to Stephen Mbugua Githukia holding in trust for Kelvin Muriithi Muchangi parcel No. LR 1317/195 Gilgil Town on the 30th May, 2023 and all subsequent entries made in the register be cancelled and the title to revert to the name of the representatives of the Estate of the late Samuel Muchiri Njuguna pending the hearing and determination of Nakuru CMC Succession Cause No. E024 of 2022 (In the matter of the Estate of Josphat Muchangi Muriithi)

12. That inhibition orders to issue against LR 1317/195 Gilgil Town restraining any dealings whatsoever pending the hearing and determination of Nakuru CMC Succession Cause No E024 of 2022 (In the matter of the Estate of Josphat Muchangi Muriithi)

13. That the Certificate of Confirmed Grant is herein is further rectified and property LR NO. 1317/195 will now be distributed for the benefit of the Estate of Josphat Muriithi Muchangi as ordered on 23rd May 2019.

14. That the 1st and 2nd Respondents will pay the Costs of this Application

15. That this order be served on the Chief Registrar of Lands for implementation

16. Matter be mentioned on 16th October 2024 to confirm compliance and status of Nakuru CMC Succession Cause No. E024 of 2022It is so ordered

SIGNED, DATED AND DELIVERED VIRTUALLY IN NAIROBI ON 12th DAY OF JULY, 2024. P.M. NYAUNDIHIGH COURT JUDGEIn the Presence of:Fardosa- Court AssistantMisoi h/b for Gatheca for the Applicant