Automated Summary
Key Facts
The case involves the intestate estate of Abdulrehman Mohamed Mohamed Hatimy, who died in 1998. Initial administrators (his sons) distributed assets under Islamic law but faced allegations of fraud, concealment of properties (including Mombasa plots and foreign bank accounts), and failure to comply with court orders for accountability. The court revoked the 2007 grant of administration due to 15 years of inaction and mismanagement, appointing the Public Trustee to administer the estate. Key disputes included false declarations about a beneficiary's death, omitted properties, and invalid distribution agreements.
Deceased Name
Abdulrehman Mohamed Mohamed Hatimy
Issues
- The applicants alleged that the respondents submitted false information to the court by stating that Fatma Abdulrehman Mohamed was deceased when she was alive, which formed part of the basis for the fraudulent acquisition of the grant. The court examined evidence, including a hospital bill paid for Fatma in 2020, and found no proof that the respondents misrepresented her status.
- The applicants argued that the respondents violated Section 71 of the Law of Succession Act by not applying for confirmation of the grant within six months. The court emphasized that the administrators had no valid excuse for a 15-year delay and revoked the grant, citing failure to comply with legal requirements and court orders.
- The applicants claimed the respondents failed to disclose several properties, such as Mombasa plots (e.g., Block XXXIV/103) and assets in Thailand, Pakistan, and the UK, which were allegedly sold without consent. The court noted inconsistencies in property registrations and found no conclusive evidence that these properties belonged to the deceased, but the respondents' delay in administration and lack of proper documentation contributed to the revocation.
Date of Death
1998 September 18
Holdings
- The court revoked the grant of letters of administration issued on 17th September 2007 to the respondents due to their failure to apply for confirmation of the grant within the legally mandated period and mismanagement of the estate. The grant was revoked under Section 76(d) of the Law of Succession Act, as the respondents did not comply with court orders requiring them to provide accounts and failed to act diligently in administering the estate for over 15 years.
- The court declared the 2002 distribution agreement a nullity, as it conflicted with the confirmed grant of 13th September 2000. The agreement was deemed invalid under legal precedent (Mcfoy v United African Company LMT), and the Public Trustee was instructed to disregard it when distributing the estate.
- The court directed the original administrators, Mohidin Abdulrehman Mohamed and others, to submit a full inventory and statement of accounts for the estate within 60 days. Failure to comply would result in severe sanctions, including potential forfeiture of their shares equivalent to the unaccounted estate value.
- The court appointed the Public Trustee as the new administrator of the deceased's estate under Sections 47 and 66 of the Law of Succession Act. This decision was made to ensure impartial administration, as the parties could not agree on a neutral administrator. The Public Trustee was directed to take charge of the estate immediately and complete the administration within six months.
Remedies
- The court confirmed the grant of letters of administration as per the original petition and the certificate of confirmation dated 13th September 2000. The estate will be distributed under Islamic law in accordance with this confirmed grant.
- The former administrators were given 60 days to submit an inventory and statement of accounts for the period they managed the estate. Failure to comply could result in sanctions, including forfeiture of their share equivalent to unaccounted assets.
- The Public Trustee was authorized to: apply for review of the confirmed grant to correct asset listings; appoint estate agents to collect rent and deposit funds in an approved account; and complete the estate administration within six months.
- The court revoked the grant of letters of administration issued on 17th September 2007 to the respondents and appointed the Public Trustee as the administrator of the deceased's estate. This was due to the respondents' failure to apply for confirmation of the grant for over 15 years and their mismanagement of estate assets.
Will Type
Intestacy
Probate Status
Grant revoked; Public Trustee appointed as administrator due to mismanagement and delayed confirmation.
Legal Principles
The court applied Section 76 of the Law of Succession Act, which outlines grounds for revoking a grant, including defective proceedings, fraudulent statements, and failure to apply for confirmation or provide accurate accounts. It emphasized that revocation is a discretionary power requiring evidence of wrongdoing and highlighted the mandatory duty under Section 71 to apply for confirmation within six months. The ruling also referenced Rule 26(1) of the Probate and Administration Rules regarding notifying all beneficiaries and relied on precedents like In re Estate of Festo Lugadiru Abukira to establish procedural requirements for valid grant applications.
Succession Regime
Estate distributed according to Islamic Sharia Law.
Precedent Name
- In re Estate of Agwang Wasiro (Deceased) [2020] eKLR
- In re Estate of Festo Lugadiru Abukira (Deceased) [2019] eKLR
- Ibrahim v Hassan & Charles Kimenyi Macharia, Interested Party [2019] eKLR
- Mcfoy v United African Company LMT (1961) 3 ALL E.R. 1169
- Jamleck Maina Njoroge v Mary Wanjiru Mwangi (2015) eKLR
- Re Estate of Moses Kimotho (Deceased) [2009] eKLR
- Otieno v Ougo [1986-1989] EALR 468
Executor Name
- Mohidin Abdulrehman Mohamed
- Alamin Mohamed Abdulrehman
- Public Trustee
- Umi Kulthum Abdulrehman Mohamed
- Mohamed Abdulrehman Mohamed (Deceased)
Cited Statute
- Probate and Administration Rules
- Law of Succession Act
Executor Appointment
- Appointed as administrator on 17th September 2007.
- Appointed as administrator on 25th October 2022.
- Appointed as administrator on 8th December 1999.
Judge Name
J.N. Onyiego
Passage Text
- The court declared the 2002 distribution agreement a nullity, stating it was invalid as it conflicted with the confirmed grant of 2000 and could not bind the Public Trustee as the new administrator.
- The court ruled that a grant is not liable for revocation solely due to failure to apply for confirmation unless the court has issued a notice under section 73. However, the administrators delayed for 15 years without applying for confirmation, leading to revocation.
- The Public Trustee was appointed as administrator to ensure impartial distribution, with strict deadlines for inventory submission and sanctions for non-compliance, including forfeiture of shares.
Beneficiary Classes
- Child / Issue
- Spouse / Civil Partner