In re Estate Of The Late Kamau Gichui(Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Eldoret
Category
Civil
Judge(s)
Hon. H.A. Omondi
Judgment Date
June 17, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of In re Estate Of The Late Kamau Gichui (Deceased) [2020] eKLR, focusing on key legal findings and implications for estate management in Kenya.

Case Brief: In re Estate Of The Late Kamau Gichui(Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of the Late Kamau Gichuhi (Deceased)
- Case Number: Succession Cause No. 10 of 1985
- Court: High Court of Kenya at Eldoret
- Date Delivered: June 17, 2020
- Category of Law: Civil
- Judge(s): Hon. H.A. Omondi
- Country: Kenya

2. Questions Presented:
The court is tasked with resolving whether it has jurisdiction to grant the orders sought by the applicant, Monicah Wambui Kamau, and whether the application has merit.

3. Facts of the Case:
The case revolves around the estate of Kamau Gichuhi, who died intestate on August 4, 1984, leaving behind two wives: Leah Mukami Kamau and Monicah Wambui Kamau. The estate includes properties such as Eldoret Municipality Block 6/95 and Block 14/5. A consent order made on October 16, 1985, which was adopted by the court, stipulated the distribution of these properties: the residential quarters were to belong to Monicah, while the front shop was to be shared equally between the two widows. Leah Mukami, however, obtained two grants in 1997, which led to the issuance of a certificate of lease on July 21, 2000, without Monicah’s knowledge, contravening the consent order. Monicah filed a motion seeking to cancel the lease and enforce the original consent order.

4. Procedural History:
Monicah filed a notice of motion application on April 10, 2015, seeking several orders, including the cancellation of the lease and the issuance of a proper certificate of lease. The application was supported by an affidavit asserting that the petitioner acted without her consent and disregarded the consent order. The petitioner did not file a replying affidavit, and the case progressed through various rulings, including a significant ruling on July 4, 2011, which cancelled the earlier grants obtained by Leah Mukami.

5. Analysis:
- Rules: The court considered Section 47 of the Law of Succession Act, which grants the High Court jurisdiction to entertain applications regarding the distribution of a deceased's estate, and Rule 73 of the Probate and Administration Rules, which allows the court to make orders necessary for justice.
- Case Law: The court referenced several prior cases, including *The Owners of Motor Vessel "Lillian S" v. Caltex Oil Kenya Limited* (1989) KLR 1, which emphasizes the importance of jurisdiction. Additionally, the court cited *Munyasya Mulili & 3 ors v. Sammy Muteti Mulili* (2017) eKLR, which discussed concurrent jurisdiction between the High Court and the Environment and Land Court regarding estate disputes.
- Application: The court determined that it had the jurisdiction to issue the orders sought by Monicah, as the previous ruling had established the consent order that Leah's actions violated. The court found that the lease issued based on the invalid grants must be cancelled and that Monicah was entitled to her rightful share as per the consent order.

6. Conclusion:
The court ruled in favor of Monicah Wambui Kamau, cancelling the certificate of lease issued to Leah Mukami and ordering the issuance of a proper certificate of lease in accordance with the confirmed grant. The ruling reinforced the importance of adhering to consent orders in estate matters and highlighted the court’s role in ensuring equitable distribution.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya ruled in favor of Monicah Wambui Kamau, affirming her rights to the estate of the late Kamau Gichuhi. The court cancelled the irregular certificate of lease obtained by Leah Mukami and mandated adherence to the terms of the consent order established in 1985. This case underscores the significance of consent orders in succession matters and the court's authority to rectify injustices arising from improper actions by estate administrators.

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