In re Estate of Mambo Muiruri Muigai alias Muiruri Mambo (Deceased) (Succession Cause 96 of 2016) [2023] KEHC 1119 (KLR) (23 February 2023) (Ruling)

Deceased Name

Key Facts

Issues

• The court ruled that Elizabeth and Peter's numerous applications (e.g., March 7, 2018; August 5, 2019; etc.) caused unnecessary delays and harassed beneficiaries. Using its inherent jurisdiction to prevent abuse, the court struck out these applications and revoked their co-administrator status, issuing a fresh grant to Andrew Muthee Mambo and David Kariuki Muigai.
• The court determined that it lacks jurisdiction to address the application for revocation of the grant regarding properties (Ngenda/nyamangara/116, etc.) that were already administered in a prior succession case for Henry Muigai Mambo (deceased). These properties were distributed through a confirmed grant in 2017, making them outside the scope of the current estate.

Date of Death

Holdings

• Applications dated March 7, 2018; August 5, 2019; February 25, 2020; September 6, 2019; April 9, 2021; and April 19, 2021 were struck out as abuse of court process. The court found these filings by Elizabeth and Peter Muiruri Mwaura intentionally stalled the succession and harassed other beneficiaries.
• Elizabeth Wangari Ngugi and Peter Muiruri Mwaura were removed as administrators and the grant issued on January 4, 2016 was revoked. A fresh grant was ordered to be issued to Andrew Muthee Mambo and David Kariuki Muigai to expedite the confirmation process.
• The application dated August 9, 2019 seeking revocation of the grant was dismissed due to lack of jurisdiction. The court held that properties in question were part of Henry Muigai Mambo's estate, already distributed through a confirmed grant by the Gatundu Magistrate's Court in 2017. These properties cannot be subject to this succession cause.

Remedies

• Applications dated March 7, 2018, August 5, 2019, February 25, 2020, September 6, 2019, April 9, 2021, and April 19, 2021 are struck out for abuse of court process. These were filed by Elizabeth and Peter to delay proceedings and harass beneficiaries.
• The application for confirmation of grant dated May 3, 2016 is fixed for hearing and must be served on all beneficiaries. Elizabeth and Peter may only file an affidavit of protest to this application without further court leave.
• Injunction issued on March 3, 2020 to prevent interference with deceased's property is lifted and vacated following the dismissal of the underlying application.
• Elizabeth and Peter are prohibited from filing further applications without court leave. They may only file an affidavit of protest to the May 3, 2016 confirmation application.
• Elizabeth Wangari Ngugi and Peter Muiruri Mwaura are removed as administrators of the estate. The grant issued on January 4, 2016 is revoked, and a fresh grant is ordered to be issued to Andrew Muthee Mambo and David Kariuki Muigai.
• The application dated August 9, 2019 seeking revocation of the grant is dismissed due to lack of jurisdiction. This court cannot entertain the application as the properties in question were already distributed in the estate of Henry Muigai Mambo (deceased) through a confirmed grant issued by Gatundu Magistrate's Court on November 9, 2017.
• The Deputy Registrar is ordered to return the file from Gatundu Magistrate's Court Succession Cause No 256 of 2017 to this court's records.

Will Type

Probate Status

Legal Principles

• The court invoked its inherent power to prevent abuse of the judicial process, dismissing applications filed by Elizabeth and Peter as a misuse of legal procedures to delay succession.
• The court applied the Literal Rule, stating that jurisdiction flows from the law and must be strictly adhered to, with no interpretation that could extend beyond clear legislative wording.

Succession Regime

Precedent Name

• Stephen Somek Takwenyi & another vs. David Mbuthia Githare & 2 others
• Lillian 'S' Case
• In Re Estate of Samuel Kathieri (deceased)
• Yes Housing Co-operative Society Limited v Kenneth Onsare Maina
• Mitchell and others v Director Of Public Prosecutions and another

Executor Name

• Andrew Muthee Mambo
• David Kariuki Muigai

Cited Statute

• Environment and Land Court Act
• Law of Succession Act

Executor Appointment

Judge Name

Beneficiary Classes

• Child / Issue
• Spouse / Civil Partner

Passage Text

• "The Lillian 'S' case [[1989] KLR 1] establishes that jurisdiction flows from the law, and the recipient-court is to apply the same, with any limitations embodied therein. Such a court may not arrogate to itself jurisdiction through the craft of interpretation, or by way of endeavours to discern or interpret the intentions of Parliament, where the wording of legislation is clear and there is no ambiguity."
• "in civilized society legal process is the machinery used in the courts of law to vindicate a man's rights or to enforce his duties. It can be used properly, it can be used improperly, and so abused... This inherent power has been used time and again to put a summary end to a process which seeks to raise and have determined an issue which 'has been decided against the party issuing it in earlier proceedings between the parties.'"
• "The dispute which Elizabeth and Peter seek this court to resolve by their application on the rightful owner of the said properties lies squarely within the jurisdiction of the Environment and Land Court: See article 162(2)(b) and Environment and Land Court Act section 13."