Kimanzi & another v Director of Public Prosecutions & 7 others

Article 162(2)(b) confers original jurisdiction on the ELC over title to land. Allegations of fraud in registration raise the question of whether the disputed land was the free property of the deceased Nzakyo Mbuvi, determinable under Section 26 of the Land Registration Act and Section 101 of the same Act, which vests such disputes in the ELC notwithstanding the connection to succession causes.

While ordinary suits concerning a deceased's estate must be brought by personal representatives under Sections 79 and 82 of the Law of Succession Act, this petition is brought under Chapter Four of the Constitution. Article 22(1) gives every person the right to institute proceedings claiming a right has been violated, and Article 22(2)(a) permits a person acting on behalf of another who cannot act in their own name.

An estate cannot sue without being represented by someone possessing letters of administration. Relying on Trouistik Union International v Jane Mbeyu, the power to agitate a cause of action vested in a deceased person is conferred on personal representatives alone under Section 82(a) of the Law of Succession Act. Since no personal representative of the named estates is included in the petition, the 2nd Petitioner cannot stand.

Following Roman Mutuku Kisini v Mary Mwikali Muasya, a preliminary objection must be a pure point of law determined without ascertaining facts. The proceedings leading to confirmation of grant were not before the court, so it could not find that Section 7 of the Civil Procedure Act was met; considering them would require evidence and remove the matter from the true purview of a preliminary objection.