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ELCPartially AllowedELC OS 16 of 2017· [2026] KEELC 3482 (KLR)

Abdi (Suing as the legal representative of the Estate of Ahmed Abdi Murasa) v Kamiti & another (Environment and Land Case 16 of 2017) [2026] KEELC 3482 (KLR)

Environment and Land Court of Kenya
28 May 2026
2,774 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that a deceased person's estate representative is not personally liable for court-ordered debts unless they misused estate assets.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Narok (L. Gacheru, J) determined a Notice of Motion dated 18th August 2025 filed by Rehema Abdi, the Legal Representative of the Estate of Ahmed Abdi Murasa (Deceased), under Sections 1A, 1B, 3A, 37, 63(e) and 80 of the Civil Procedure Act and Article 159 of the Constitution. The Applicant sought stay of execution of a costs decree arising after the Court of Appeal in Nakuru COACA No. 245 of 2019 set aside an earlier adverse-possession judgment in favour of the Deceased and condemned his estate to pay costs, taxed at Kshs 941,225 on 29th May 2025. Warrants of Attachment and Sale issued on 23rd July 2025 targeted her personal assets. She argued that under Section 37(2) of the Civil Procedure Act she, holding only a grant ad litem, was not personally liable, and that execution should proceed only against the unadministered estate. The 2nd Defendant contended the warrants were regular, that she participated in taxation, and that the application was a delaying afterthought. The court, relying on Sections 37 and 39 and authorities including David Kirimi Charles and Nyambura v Baiya, held that execution against a Legal Representative's personal property is unlawful absent a prior finding under Section 39(2) that she wasted, misapplied or failed to account for estate assets. Finding no such evidence or finding, the court allowed the application entirely in terms of prayers 2, 3 and 4, set aside the warrants, declared the debt payable from the estate only, and ordered costs in the cause.

Key legal issues

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01

Whether execution may issue against the personal property of a Legal Representative holding only a grant ad litem

Holding

Execution against the Legal Representative's personal assets was improper and contrary to Sections 37 and 39 of the Civil Procedure Act; the proclamation and intended attachment targeting her personal property cannot stand.

Reasoning

The court found the warrants procedurally issued but held the crucial question was whether the proclaimed property belonged to the estate or to the Applicant personally. No finding existed that the Applicant wasted, misapplied or failed to account for estate assets under Section 39(2), nor did the Decree-holder demonstrate the attached assets formed part of the estate. The grant held was limited ad litem, and the decree was not issued against her personally.

p. 15
02

Whether stay of execution ought to be granted

Holding

The Applicant established an arguable and prima facie meritorious case warranting preservation of the status quo; without stay she stood to suffer substantial loss through attachment and sale of her personal property.

Reasoning

Applying the principle in Butt v Rent Restriction Tribunal that the discretion to grant stay should not render intended proceedings nugatory, the court held stay was necessary to preserve the subject matter so the proceedings were not rendered nugatory.

p. 16

Legal principles established

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  • Where a decree is issued against a person as a Legal Representative of a deceased's estate, execution does not automatically lie against the personal property of the Legal Representative; liability is limited to the estate's property that came into his/her hands and has not been duly administered.
  • Personal execution against a Legal Representative is permissible only under Section 39(2) of the Civil Procedure Act, where he/she has failed to account for estate assets that came into his/her possession.

Court orders

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  1. 1.The Warrants of Attachment and Warrants of Sale issued on 23rd July 2025 were lifted/set aside/discharged (prayer 2)
  2. 2.A declaration that the Judgment Debt is due from the Estate of Ahmed Abdi Murasa (Deceased) and that Rehema Abdi as Legal Representative is not personally liable for the judgment debt, but only liable to the extent of any property of the Deceased that has come into her hands (prayer 3)
  3. 3.Costs of the Application to be in the cause
On appeal from
Court of Appeal, Nakuru
NAKURU COACA No. 245 of 2019
Jurisdiction invoked
Sections 1A, 1B, 3A, 37, 63(e) & 80 of the Civil Procedure Act, and Article 159 of the Constitution of Kenya 2010

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, "Abdi (Suing as the legal representative of the Estate of Ahmed Abdi Murasa) v Kamiti & another (Environment and Land Case 16 of 2017) [2026] KEELC 3482 (KLR)", Case Analysis (2026). ELC OS 16 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3482/eng@2026-05-28

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