Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCStruck Out· [2021] KEELC 247 (KLR)

Joseph Muiruri Kimani & another v Salome Muthoni Kiuna & another [2021] KEELC 247 (KLR)

Environment and Land Court
15 December 2021
SOS. Okong'o
2,001 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court cannot issue grants of letters of administration—suing a deceased defendant requires applying to the High Court's Family Division instead.

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Nairobi (S. Okong'o, J) determined the Plaintiffs' Notice of Motion dated 20th January 2021, which sought Letters of Administration Ad-Litem for Margaret Mumbi and George Kiuna over the estates of the two deceased Defendants, their subsequent joinder as Defendants, and the re-admission of the Plaintiffs' suit for hearing on merit. The Plaintiffs deposed that the deceased Defendants' advocates had announced their deaths, that the proposed administrators had built structures and an academy on the suit property contrary to section 45 of the Law of Succession Act, and that they had refused to apply for grants of administration so as to defeat the suit. The Plaintiffs, relying on Tasmac Limited v Roberto Marci and Peter Odiwuor Ngoge v Josephine Akoth Onyango, argued that the ELC has concurrent jurisdiction with the High Court and may issue limited grants under section 54 of the Law of Succession Act. The deceased Defendants' advocates, though not opposing the application, submitted that the court cannot impose administrators on the estate. The court framed a single issue: whether the ELC has jurisdiction to issue a limited grant of letters of administration. Applying Samuel Kamau Macharia and Republic v Karisa Chengo, the court held that the ELC's jurisdiction is constitutionally and statutorily confined to environment and land matters under Article 162(2)(b) and section 13 of the ELC Act, and that succession matters are reserved to the High Court and Magistrates' Courts. The application was struck out as incompetent, with each party bearing its own costs.

Key legal issues

#
01

Whether the Environment and Land Court has jurisdiction to issue a limited grant of letters of administration ad-litem for purposes of substituting deceased defendants in a pending suit

Holding

The application was struck out because the ELC lacks jurisdiction to issue grants of letters of administration; the proper forum is the Family Division of the High Court.

Reasoning

The court examined section 54 of the Law of Succession Act and Rule 14 of the Fifth Schedule, which empower 'a court' to limit grants, but held that jurisdiction flows only from the Constitution or statute. Section 13 of the ELC Act limits the ELC's jurisdiction to environment and land disputes. While the ELC has equal status with the High Court, its jurisdiction is distinct and does not extend to succession matters, so issuing the limited grant sought would invade the jurisdiction of the High Court and Magistrates' Courts.

p. 3

Legal principles established

#
  • The Environment and Land Court has no jurisdiction, constitutional or statutory, to issue a full or limited grant of letters of administration; succession matters are reserved to the High Court and Magistrates' Courts.

Court orders

#
  1. 1.The Plaintiffs' Notice of Motion dated 20th January 2021 is struck out as incompetent, having been filed in a court with no jurisdiction to hear it
  2. 2.Each party shall bear its own costs

Authorities

#

Legislation

  • Law of Succession Actsection 54
  • Law of Succession Actsection 3 (definition of 'court')
  • Law of Succession ActFifth Schedule, Rule 14
  • Law of Succession Actsection 45
  • Environment and Land Court Actsection 13
  • Constitution of Kenya, 2010Article 162(2)(b) and (3)
  • Constitution of Kenya, 2010Article 165(5)
  • Constitution of Kenya, 2010Articles 42, 69 and 70

Cases cited (4)

  • Tasmac Limited v Roberto Marci & 2 others
    [2013] eKLR
  • Peter Odiwuor Ngoge v Josephine Akoth Onyango & 3 others
    HCCC No.48 of 2013
  • Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others
    [2012] eKLR
  • Republic v Karisa Chengo & 2 others
    [2017] eKLR
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya, 2010 and section 13 of the Environment and Land Court Act, 2011

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Joseph Muiruri Kimani & another v Salome Muthoni Kiuna & another [2021] KEELC 247 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/247/eng@2021-12-15

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