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ELCDismissedMisc. Cause No. 108 of 2019· [2025] KEELC 4384 (KLR)

Humphrey & 2 others v Nzioka (Being Sued as the Legal Administrator of the Estate of Willy Kahore Wanjiku alias Nicholas Nzioka Ndambuki - Deceased); Konza Mali Limited & 119 others (Interested Parties) (Environment & Land Miscellaneous Case 108 of 2019) [2025] KEELC 4384 (KLR)

Environment and Land Court
12 June 2025
AOA. Omollo
909 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court ruled it cannot cancel a probate grant issued by another court, and fraud claims need strong evidence, not mere allegations.

What this practically means

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Executive summary

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The 2nd and 3rd Plaintiffs, through a notice of motion dated 6th February 2025, sought a temporary injunction restraining the 1st and 3rd Plaintiffs from participating in the suit, striking out of their names, and deeming an amended case statement as duly filed. They contended that the limited grant ad litem obtained by the 1st Plaintiff on 5th March 2020 in Nairobi High Court Succession Cause No. 1754 of 2009 was fraudulently procured, and that a full grant confirmed on 1st July 2022 in a separate succession cause (No. 1999 of 2018) in favour of John Lloyd Kamau Humphrey rendered the limited grant useless. The 1st Plaintiff opposed, relying on the limited grant authorizing her to prosecute the case on behalf of the estate, which had not been determined. The court reviewed the procedural history, noting two succession causes consolidated in 2016, withdrawal of a will in 2017, and transfer to the ELC in 2019, and observed a lack of clarity regarding the roles of the three administrators. The court held that no finding of fraud against the limited grant had been presented, and that fraud must be proved on a scale higher than a balance of probabilities. It further held that its jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act is limited to land and environment disputes, and it had no power to declare the limited grant null and void; only the issuing court could revoke it. The application was dismissed with costs to the 1st Plaintiff.

Key legal issues

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01

Whether the court can strike out the 1st Plaintiff on grounds of fraudulent procurement of a limited grant

Holding

No, absent proof of fraud and no finding by the Probate Court

Reasoning

The applicants alleged the limited grant was fraudulently obtained but produced no finding by the Probate and Administration Division declaring it fraudulent. Fraud requires proof above a balance of probabilities. The 1st Plaintiff held a valid limited grant ad litem to prosecute the suit, which remained in force until revoked by the issuing court.

p. 3
02

Jurisdiction of the ELC over validity of grants of representation

Holding

The ELC lacks jurisdiction to declare a limited grant null and void

Reasoning

Under Article 162(2)(b) and Section 13 of the ELC Act, the court's jurisdiction is limited to land and environment disputes. Investigating the validity of a grant falls outside that mandate, and authority under a grant can only be removed by the court that issued it.

p. 3

Legal principles established

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  • Fraud must be proved on a scale higher than a balance of probabilities
  • The ELC cannot nullify a grant issued by the Probate and Administration Division; only the issuing court can revoke its grant

Court orders

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  1. 1.The application dated 6th February, 2025 is dismissed with costs to the 1st Plaintiff

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 rule 10(2), rule 14
  • Civil Procedure ActSection 3A
  • Constitution of KenyaArticle 162(2)(b)
  • Environment and Land Court ActSection 13
  • Law of Succession ActSections 79 & 82
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Humphrey & 2 others v Nzioka (Being Sued as the Legal Administrator of the Estate of Willy Kahore Wanjiku alias Nicholas Nzioka Ndambuki - Deceased); Konza Mali Limited & 119 others (Interested Parties) (Environment & Land Miscellaneous Case 108 of 2019) [2025] KEELC 4384 (KLR)", Case Analysis (2025). Misc. Cause No. 108 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4384/eng@2025-06-12

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