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ELCStruck OutOriginating Summons dated 14/2/2020 (taken out 19/2/2020) under Order 37 of the Civil Procedure Rules; number not stated in judgment· [2026] KEELC 2958 (KLR)

Kirema & another v Stanley & another (Enviromental and Land Originating Summons 9 of 2020) [2026] KEELC 2958 (KLR)

Environment and Land Court
14 May 2026
BEB M Eboso
1,624 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Two brothers lost their land case entirely because they sued over their late mother's property without first obtaining letters of administration from Kenyan courts.

What this practically means

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Executive summary

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The applicants, Peter Kiambi Kirema and Morris Muguna Kirema, took out an originating summons under Order 37 of the Civil Procedure Rules seeking determination of questions concerning Plot No. 1109 Nyayo Sirimon Settlement Scheme, including whether its appropriation and subdivision by the 1st respondent were lawful, whether a sale of portions to the 2nd respondent was valid, whether the respondents acted fraudulently, and whether they should be evicted, including from Plot Numbers 5747, 5750 and 5751. The applicants sued as heirs and children of the late Mary Kooru Kirema, who died on 10/3/2010 allegedly owning the land, without any succession proceedings having been undertaken. The respondents filed a preliminary objection dated 22/1/2026 contending that the applicants lacked locus standi because they held no grant of representation for the deceased's estate, invoking Sections 79 and 82(a) of the Law of Succession Act. The applicants countered that as beneficiaries they could sue, and that Section 82 applies only to suits brought on behalf of an estate. Applying Section 79 and 82(a) of the Act and Court of Appeal and Supreme Court authority, the court held that property of a deceased vests solely in the personal representative and that a suit filed without a grant is null and void for want of locus standi and incurably defective. The preliminary objection was upheld, the suit struck out, and costs awarded to the respondents against the applicants, costs following the event under Section 27 of the Civil Procedure Act.

Key legal issues

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01

Whether beneficiaries of an unadministered estate have locus standi to sue on behalf of the estate without a grant

Holding

No; only a personal representative armed with a grant (full or ad litem) may institute or defend a suit on behalf of a deceased's estate; a suit filed without a grant is a nullity for want of locus standi and cannot be salvaged

Reasoning

Sections 79 and 82(a) of the Law of Succession Act vest the deceased's property and the power to enforce causes of action in the personal representative. The applicants instituted the suit as heirs/beneficiaries claiming land belonging to their late mother, without any grant of representation. Binding Court of Appeal and Supreme Court authority confirms that proceedings relating to a deceased's estate filed without a grant are null and void for want of locus standi, and the defect is incurable at inception.

p. 3

Legal principles established

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  • A suit instituted on behalf of a deceased person by a person without a grant under the Law of Succession Act is incurably defective
  • Section 79 of the Law of Succession Act vests all property of a deceased person in the personal representative
  • Section 82(a) empowers only personal representatives to enforce causes of action surviving the deceased

Court orders

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  1. 1.The preliminary objection dated 22/1/2026 is upheld
  2. 2.The suit is struck out on the ground that the applicants/claimants lacked locus standi to initiate or maintain the suit
  3. 3.The applicants/claimants shall bear costs of the suit

Authorities

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Legislation

  • Civil Procedure RulesOrder 37
  • Law of Succession ActSection 79
  • Law of Succession ActSection 82(a)
  • Civil Procedure ActSection 27

Cases cited (5)

  • Kihanya & 4 others v Gichuri & another
    (Civil Appeal 15 of 2019) [2024] KECA 852 (KLR) (12 July 2024)
  • Virginia Edith Wamboi v Joash Ochieng Ougo & Another
    [1982-88] 1 KAR
  • Teouistik (Trouistik) Union International & Another v Jane Mbeyu & Another
    Civil Appeal No. 145 of 1990
  • Trouistik Union International & another v Jane Mbeyu & another
    Nairobi Civil Appeal No 145 of 1990
  • Kinuthia [Through the Administrators of His Estate] v Anyanga & 6 others
    [2025] KESC 60 [KLR]
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Order 37 of the Civil Procedure Rules (originating summons relating to land)

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, "Kirema & another v Stanley & another (Enviromental and Land Originating Summons 9 of 2020) [2026] KEELC 2958 (KLR)", Case Analysis (2026). Originating Summons dated 14/2/2020 (taken out 19/2/2020) under Order 37 of the Civil Procedure Rules; number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2958/eng@2026-05-14

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