Stanley Mathu Gicheru v Moses Muthiora Gicheru & 3 others (In re Estate of Peter Gicheru Kagocho (Deceased))
The bottom line
#A Kenyan court replaced an ailing estate administrator, rejected a son who tried selling estate land, and picked administrators who live in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Substitution of an ailing administrator
Susan Wairimu Gicheru, aged 88, diabetic, hypertensive and suffering from dementia, could no longer administer the estate and was substituted with Moses Muthiora Gicheru and Mary Wanjiku Gicheru.
The court accepted undisputed medical evidence of the administrator's incapacity. The undisputed failure to distribute the share of the estate belonging to her house, combined with family differences and her condition, justified substitution to activate administration. Sections 56 and 66 of Cap 160 guided the exercise of discretion, capping administrators at four.
Fitness of Stanley Mathu Gicheru to administer
Stanley was found unfit to administer because of evidence that he attempted to sell estate plots without authority.
Letters dated 14/4/15 and 21/4/15 showed an attempted sale of plots 36/111/88 and 36/111/89. Stanley's denial was rejected as the documentary evidence established the attempt. The court held integrity is a prerequisite for administration and disqualifying conduct outweighed his entitlement as a child of the deceased under section 56.
Criteria for selection of administrators
Availability and practicability of administering the estate are relevant considerations in appointing administrators.
Among the cross-applicants, Moses resided in Kenya, Mary resided in Kenya, but Jane resided in Sweden. The court adopted counsel's submission on availability and practicability and appointed only Moses and Mary, effectively excluding Jane who resided abroad.
Legal principles established
#- The court may substitute an administrator who is no longer able to administer the estate, guided by sections 56 and 66 of the Law of Succession Act, considering availability and practicability of the proposed administrator
- An administrator must be a person of integrity with the best interest of the estate; past unauthorised dealings with estate property disqualify a proposed administrator
Court orders
#- 1.Substitution of Susan Wairimu Gicheru with Moses Muthiora Gicheru and Mary Wanjiku Gicheru as co-administrators, making four administrators in total
- 2.The four administrators to ensure the estate as relates to the house of Susan Wairimu Gicheru is distributed
- 3.The family to hold a discussion on the mode of distribution and file a report within 90 days from the date of the ruling
- 4.If beneficiaries cannot agree within 45 days, they to present themselves for mediation before the Deputy Registrar of the division
- 5.Matter to be mentioned on the 90th day to record compliance and further directions
- 6.Costs in the cause
- Jurisdiction invoked
- Section 47 of the Law of Succession Act Cap 160 and Rules 73 and 74 of the Probate and Administration Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stanley Mathu Gicheru v Moses Muthiora Gicheru & 3 others (In re Estate of Peter Gicheru Kagocho (Deceased))", Case Analysis (2016). Succession Cause 376 of 1983. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2016/844/eng@2016-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.