Automated Summary
Key Facts
The case involved an application to revoke a grant issued in Busia HCSC No. 85 of 1999 regarding the estate of Stephen Osamo. The succession proceedings were initially filed in the High Court but transferred to the Chief Magistrate's Court in 2018 as Busia CMCSC No. 503 of 2018. The High Court ruled it no longer had original jurisdiction to revoke grants in matters pending before the Magistrate's Court after the 2015 amendments to the Magistrates' Courts Act, which extended revocation powers to magistrates for estates under the prescribed pecuniary limit.
Deceased Name
Stephen Osamo
Issues
- Whether the High Court had original jurisdiction to revoke a grant in a matter pending before the Chief Magistrate Court.
- What was the process to be followed where a grant was issued by the High Court in a matter later transferred to the Chief Magistrate's Court?
- Whether the High Court had original and exclusive jurisdiction to revoke grants made by magistrate courts.
Holdings
- The High Court can only revoke grants made by itself or exercise appellate jurisdiction over magistrate decisions revoking grants. It does not have original jurisdiction to revoke a grant in a matter pending before the Chief Magistrate's Court.
- The law changed on January 2, 2016, when the Magistrates' Courts Act No 26 of 2015 amended section 48(1) of the Law of Succession Act, extending jurisdiction to magistrates to revoke grants they issued. The High Court now lacks original jurisdiction to revoke grants made by magistrates.
- The matter of the estate of Stephen Osamo is being handled under Busia CMCSC No. 503 of 2018, and any application for revocation of the grant with respect to that estate ought to be made in this case and heard by the judicial officer responsible for it.
- The summons for revocation dated November 17, 2021, is misconceived and incompetent as it was filed in the wrong court (Busia HCSC No. 85 of 1999) after the matter was transferred to the Chief Magistrate's Court. It is struck out, and the file is closed.
- Grants issued by the High Court prior to transfer to the Chief Magistrate's Court are now subject to review, revocation, or rectification by magistrates handling the transferred matter. Orders from the High Court become orders of the Chief Magistrate post-transfer.
- Grants issued in Busia HCSC No. 85 of 1999 must be re-issued in Busia CMCSC No. 503 of 2018 administratively after transfer, without requiring formal applications. The file is to be returned to the Chief Magistrate's Court for this process.
Remedies
- The summons for revocation of grant is struck out as it is misconceived and incompetent. The file in Busia CMCSC No 503 of 2018 shall be returned to the Chief Magistrate's Court registry for re-issuance of the grant and certificate of confirmation of grant. The applicant is to file his summons for revocation of grant in Busia CMCSC No 503 of 2018 after the re-issuance.
- The file in the current proceedings (Busia HCSC No 85 of 1999) shall be closed. The applicant is directed to proceed with the revocation application in Busia CMCSC No 503 of 2018 after the grant and certificate are re-issued by the Chief Magistrate's Court.
- There shall be no order on costs in this matter.
Probate Status
The court ruled that the High Court could not revoke grants made by magistrates, and the application to revoke the grant was struck out due to jurisdictional misalignment. The matter is now pending in the Chief Magistrate's Court (Busia CMCSC No. 503 of 2018) for appropriate proceedings.
Legal Principles
The High Court no longer has exclusive jurisdiction to revoke grants made by magistrates' courts. Effective January 2, 2016, the Magistrates' Courts Act (No 26 of 2015) amended section 48(1) of the Law of Succession Act, extending revocation jurisdiction to magistrates for grants they issued. This ended the High Court's original and exclusive authority to revoke grants from any court, requiring revocation applications in matters transferred to magistrates to be handled in the magistrates' court or via appeal.
Succession Regime
The case pertains to common-law intestacy under Kenyan succession law, addressing jurisdictional issues regarding grant revocation post-2015 legal amendments.
Precedent Name
- David Khasievera Anusu & 2 others v Evans Khasievera Anusu
- Josiah MR Karuri v Simon Gichangi Kabugi
- Joseph Odera Ombayo v Robert Ombayo Wambogo
- Mwati Kakiti Ngalaka & another v Nzembei Kakiti & another
- In re Estate of Charles Boi (Deceased)
- Turfena Anyango Owuor & another v Mary Akinyi Dengo
- Consolata Ochieng Ogutu & 3 others v Adet Odongo & another
- In re Estate of Meshack Nyangi alias Nyangi Kabuga (Deceased)
Executor Name
Vincent Otieno Osamo (sued as co-administrator of the Estate of Stephen Osamo (Deceased))
Cited Statute
- Magistrates' Courts Act, No 26 of 2015
- Law of Succession Act, Cap 160
Executor Appointment
Sued as co-administrator of the Estate of Stephen Osamo (Deceased)
Judge Name
W M Musyoka
Passage Text
- The High Court can only revoke grants made by itself, but not those made by magistrates. The High Court lost the original and exclusive jurisdiction to revoke grants made by magistrates, and it could only deal with them in exercise of its appellate jurisdiction, with respect to decisions by magistrates revoking grants made by them.
- What should have happened, after the file in Busia HCSC No 85 of 1999 was transferred, and became Busia CMCSC No 503 of 2018, is the grant issued in Busia HCSC No 85 of 1999, and any certificate of confirmation of grant that issued out of Busia HCSC No 85 of 1999, if at all, should have been re-issued in Busia CMCSC No 503 of 2018, and signed by the magistrate seized of the matter, thereby making them court processes in Busia CMCSC No 503 of 2018.
- The summons for revocation of grant herein is misconceived and incompetent, for the foregoing reasons. It is hereby struck out. The file herein shall be closed, and the file in Busia CMCSC No 503 of 2018 shall be returned to the Chief Magistrate's Court registry.