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ELCDismissedNot stated in the judgment· [2025] KEELC 8404 (KLR)

Republic v Nakuru County Land Registrar; Njoka (As Legal Representative of Alice Kahaki Njoka (Deceased)) & 4 others (Interested Parties) (Environment and Land Judicial Review Case 1 of 2022) [2025] KEELC 8404 (KLR)

Environment and Land Court
27 November 2025
AOA O Ombwayo
410 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to pause its own case, ruling that one estate administrator cannot unilaterally stay proceedings she personally filed.

What this practically means

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Executive summary

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The Interested Parties/Applicants - Teresia Njeri Njoka, Margaret Damat, Lucy Wanjiru Njoka and Joseph Njuguna Njoka, the legal representatives of the estate of Philip Njoka Kamau (Deceased) - moved the court by application seeking a stay of proceedings and a stay of arrest of the pending judgment on a substantive Motion dated 16th March 2022, pending an intended appeal against a Ruling dated 2nd October 2025 which locked the estate out of participating in the proceedings. They complained that the substantive motion had proceeded without service on or involvement of the estate, that judgment was pending, and that the estate stood to be condemned unheard contrary to natural justice. The court, per A O Ombwayo J, noted that although Lucy Wanjiru Njoka is one of four joint administrators, a single administrator is not competent to represent the estate alone since all four must act together under the grant. However, the court held that the application was an abuse of court process because the ex parte applicant cannot apply to stay proceedings she herself commenced, describing it as an attempt to convolute the dispute and stall its hearing. The court further found that the other applicants would suffer no prejudice as Lucy Wanjiru Njoka would continue to represent the estate. The application was dismissed with costs on 27th November 2025.

Key legal issues

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01

Whether joint administrators can act unilaterally in litigation

Holding

One administrator alone is not competent to represent the estate; all four administrators must act together

Reasoning

The court observed that although the ex parte applicant is one of four administrators of the estate, the grant of letters of administration was issued jointly to all four. The court held that they must by law act together in execution of their mandate and that none of them can competently act alone, so her representation of the estate for purposes of the proceedings stands.

p. 2
02

Whether the application for stay was an abuse of court process

Holding

Yes; the ex parte applicant cannot stay proceedings she herself commenced, and the other applicants would suffer no prejudice

Reasoning

The court found the application to be an attempt to convolute the dispute and possibly stall the hearing. Since the other three applicants are legal representatives of the same estate represented in the matter by Lucy Wanjiru Njoka as the ex parte applicant, they would suffer no prejudice if the matter proceeded to judgment.

p. 2

Legal principles established

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  • Joint administrators of an estate must act together and none can competently act alone in representing the estate
  • A party cannot apply to stay proceedings that she has herself commenced; such an application is an abuse of court process

Court orders

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  1. 1.The application is dismissed with costs
Jurisdiction invoked
Not expressly stated; the court exercised its inherent and procedural powers over proceedings pending before it

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, "Republic v Nakuru County Land Registrar; Njoka (As Legal Representative of Alice Kahaki Njoka (Deceased)) & 4 others (Interested Parties) (Environment and Land Judicial Review Case 1 of 2022) [2025] KEELC 8404 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8404/eng@2025-11-27

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