[2024] KEHC 13938 (KLR)
The court found that the current administrator had failed to discharge his duties, as he was acting as an owner rather than an administrator and had not administered the estate. The other administrator was incapacitated by illness. In the interests of justice and to facilitate proper administration, the court...
Source-derived case information.
- Citation
- [2024] KEHC 13938 (KLR)
- Parties
- Applicant: Johnson Kamau Gachoka; Respondent: Peter Gituro Kamau
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 599 of 2009
- Procedural Posture
- Succession Cause / Ruling on Revocation and Reappointment of Administrator
- Outcome
- Grant revoked; new administrator appointed; estate to be distributed equally among beneficiaries; grant confirmed.
- Judges
- DKN Magare
- Legal Topics
- Succession, Grant Revocation, Estate Administration, Distribution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Kamau Gachoka
Applicant
Peter Gituro Kamau
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation and Reappointment of Administrator
Legal Issues
- 1 Whether the current administrator has properly administered the estate of Susan Nyambura Kamau (deceased).
- 2 Whether the grant of administration should be revoked and a new administrator appointed.
- 3 How the estate, specifically LR. Githi/Kirerema/142, should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the current administrator had failed to discharge his duties, as he was acting as an owner rather than an administrator and had not administered the estate. The other administrator was incapacitated by illness. In the interests of justice and to facilitate proper administration, the court exercised its discretion to revoke the existing grant and retire the current administrator. A new grant was issued to Eddah Nyaguthi Kamau as sole administrator, with explicit instructions to distribute the estate, particularly LR. Githi/Kirerema/142, equally among the listed beneficiaries. The court confirmed the new grant and ordered the administrator to collect and account for all...
Court Disposition
Grant revoked; new administrator appointed; estate to be distributed equally among beneficiaries; grant confirmed.
Orders
- The grant of administration to the current administrator is revoked and the administrator retired.
- A fresh grant is issued to Eddah Nyaguthi Kamau as sole administrator of the estate.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Susan Nyambura Kamau (Deceased) (Succession Cause 599 of 2009) [2024] KEHC 13938 (KLR) (5 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13938 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 599 of 2009
DKN Magare, J
November 5, 2024
IN THE MATTER OF THE ESTATE OF SUSAN NYAMBURA KAMAU (DECEASED
Between
Johnson Kamau Gachoka
Applicant
and
Peter Gituro Kamau
Respondent
Ruling
1. The parties herein appeared before me wrangling on an essentially concluded matter. The administrator does not appear to understand his role. I am satisfied that he has not administered the estate.
2. It is fair to exercise my discretion in order to facilitate the administration. It appears that Johnson Kamau is claiming ownership as opposed to being an administrator. The other administrator is demonstrably sick. I therefore revoke the grant and retire the current administrator. In lieu thereof I issue a fresh grant to Eddah Nyaguthi Kamau ID No. xxxxxx as the sole administrator of the estate of the deceased herein.
3. The new administrator to ensure that the estate is divided equally and ensure LR. Githi/Kirerema/142 is shared equally among the following:-a.Johnson Kamau Gachoka – ID No. xxxxxxb.Peter Gituru Kamauc.Rose Wambere Kamaud.Eddah Nyaguthii Kamaue.David Mwangi Kamauf.Stephen Njeri Kamau
4. The grant is accordingly confirmed. Further, the administrator to collect the estate and recover accounts by 5/5/2025 for all parcels and property of the late Susan Nyambura Kamau (deceased).
5. Where there is need, the OCS Mukurweini Police Station to provide assistance.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 5TH DAY OF NOVEMBER, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Applicant – presentBeneficiaries – present (list)Court Assistant – Jedidah