Lei v Lemako & 3 others (Sued on behalf of the Estate of the Late Lemako kailol Nkana); Land Registrar Kajiado & another (Defendant) (Environment & Land Case E005 of 2020) [2025] KEELC 1146 (KLR)
The bottom line
#The Kajiado land court confirmed you cannot sue or defend on behalf of a deceased person's estate without letters of administration, even as a son or daughter.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the 1st to 4th Defendants
Sons of the deceased who have not taken out letters of administration are not legal representatives and cannot be sued on behalf of the estate.
The court had earlier found, and found again, that the 1st to 4th Defendants acknowledged they lacked locus standi not having obtained letters of administration. Sections 2, 45 and 82 of the Law of Succession Act buttress this position, so the preliminary objection on this ground was merited.
Error apparent on the face of the record justifying review
The Ruling of 14th December 2023 declared the Registrar's boundary decision null and void yet simultaneously directed the Registrar to implement those findings; deleting order 25(b) rectified this patent contradiction.
The court applied Order 45 and the Mativo principles: review lies only for a self-evident error requiring no long debate. The internal contradiction in the ruling — nullifying the Registrar's decision while ordering its implementation — met that threshold, so the court deleted order 25(b).
Legal principles established
#- A preliminary objection must be a pure point of law as defined in Mukisa Biscuit.
- Review is not an appeal in disguise; it lies only for error apparent on the face of the record.
Court orders
#- 1.The Preliminary Objection dated 6th June 2024 is upheld to the extent that the 1st to 4th Defendants are not the legal representatives of the estate of the late Lemako Kailol Ole Nkana
- 2.Order 25(b) of the Ruling dated 14th December 2023 directing the Land Registrar Kajiado to implement his findings is deleted
- 3.The suit remains struck out as per the ruling dated 14th December 2023 until it is confirmed that the 1st to 4th Defendants are legal representatives of the estate
- 4.Each party to bear own costs
- Jurisdiction invoked
- Sections 80 of the Civil Procedure Act and Order 45 Rule 1(a), Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lei v Lemako & 3 others (Sued on behalf of the Estate of the Late Lemako kailol Nkana); Land Registrar Kajiado & another (Defendant) (Environment & Land Case E005 of 2020) [2025] KEELC 1146 (KLR)", Case Analysis (2025). Notice of Motion dated 3rd April 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1146/eng@2025-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.