Waweru & 2 others v Waweru & another (Sued as the Joint Administratix of the Estate of the Late Mwenje Waweru - Deceased) (Environment and Land Case Civil Suit 273 of 2017) [2026] KEELC 2672 (KLR)
The bottom line
#The Environment and Land Court dismissed a widow's bid to escape civil jail and change lawyers, ruling she remained liable as estate administrator.
What this practically means
#Executive summary
#Key legal issues
#Whether an advocate who previously acted for the opposite party in the same matter may come on record post judgment
Prayer for leave to come on record failed because the advocate had a fiduciary relationship with the Plaintiffs in the same matter, creating a conflict
The court applied Delphis Bank Ltd v Channan Singh Chatthe, holding that the right to counsel of choice yields where a conflict of interest endangers confidentiality in advocate/client fiduciary relationships. Here the advocate previously signed correspondence for the Plaintiffs while at Ndegwa Wahome and sought to act for the Defendant in the same matter, not subsequent litigation, so prejudice would flow from the crossover.
Whether death of one administratrix rendered the grant inoperative and the judgment/decree irregular
No; the grant dated 19.1.2004 was not revoked, and the surviving administrator continued to bear responsibility for due administration of the estate
The court held it was incumbent on the Applicant to move the probate court to revoke the grant if she was not a proper administratrix, which she had not done. Having sued and participated in proceedings since 2008 as an administrator, she could not hide behind the estate to escape responsibility, and committal to civil jail therefore stood.
Legal principles established
#- The right to an advocate of one's choice may be limited by conflict of interests endangering confidentiality in advocate/client fiduciary relationships; there is no general rule that an advocate cannot act for one party and later the opposite party in subsequent litigation
- A party who sues and participates in proceedings as an administrator of an estate remains responsible for the estate's liabilities unless the grant is revoked by the probate court
Court orders
#- 1.The notice of motion dated 31.10.2025 as amended on 07.11.2025 is dismissed
- 2.Costs of the application awarded to the 1st Respondent/Plaintiff
- Jurisdiction invoked
- Inherent jurisdiction and review powers over post-judgment applications in the matter before the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waweru & 2 others v Waweru & another (Sued as the Joint Administratix of the Estate of the Late Mwenje Waweru - Deceased) (Environment and Land Case Civil Suit 273 of 2017) [2026] KEELC 2672 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2672/eng@2026-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.