Mary Wanjira [2015] KEELC 573 (KLR)

High Court of Kenya (Environment and Land Division)

17 March 2015

BOB. N. Olao

522 words in judgment

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AI-assisted case brief

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The bottom line

A Kenyan mother's bid to sell trust land held for her two children was dismissed as premature because her eldest son was about to turn 18.

What this practically means

Executive summary

The applicant, mother and trustee of two minors JM and DW, moved the court by Notice of Motion dated 24th November 2014 seeking three orders: her appointment as guardian of the minors; termination of the trust and tenancy for life over parcel L.R No. INOI/KARIKO/3322, which she holds in trust for the minors, to enable its exchange with parcel No. INOI/THAITA/1952; and registration of the replacement parcel in the minors' names. She explained that after her husband's death in 1983 she had endured persistent inheritance disputes and hostility from her in-laws, which ended only in July 2014, and she wished to relocate the children to a friendlier environment. A third party, Ephantus Muchiri Kagwi, had agreed to exchange his parcel plus Ksh. 500,000/= for the trust land. The court, per B.N. Olao J, sympathised with the applicant but dismissed the motion. It noted from JM's birth certificate that he was born on 7th May 2007 and would attain majority within two months, at which point he could make his own decisions including entering agreements. Having endured the hostility that long, the applicant could wait a few more months. The court also observed that the applicant gave no explanation of how the Ksh. 500,000/= compensation would be invested for the minors' benefit. The Notice of Motion was dismissed accordingly, with no costs order recorded.

Key legal issues

Whether the trust over L.R No. INOI/KARIKO/3322 should be terminated to facilitate an exchange while JM is still a minor

Holding

The application was dismissed as premature; JM would attain majority in about two months and could then decide for himself.

Reasoning

The applicant, registered proprietor holding the parcel in trust for her two minor children, sought to exchange it for another parcel plus Ksh. 500,000/=. The court acknowledged the hostile environment following her husband's death in 1983 and sympathised with her, but noted from JM's birth certificate that he was born on 7th May 2007 and would turn 18 within two months. Having persevered with her in-laws' hostility for so long, she could wait for JM to come of age. The court also observed she did not explain how the compensation would benefit the minors.

p. 1

Legal principles established

A parent who has held land in trust for minors through prolonged family hostility may be required to wait until the eldest minor attains majority before effecting a disposition of the trust property, as the minor will then be able to make decisions for himself.

Court orders

1.The Notice of Motion dated 24th November 2014 is dismissed

Jurisdiction invoked: Guardianship and trust/tenancy for life over land parcel L.R No. INOI/KARIKO/3322 (specific statutory provision not stated in the judgment)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Mary Wanjira [2015] KEELC 573 (KLR)", Case Analysis (2015). Notice of Motion dated 24th November 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/573/eng@2015-03-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.