Alphonse Mwangemi Munga & 10 others (Suing on their own behalf and on behalf of 367 employees of African Safari Club Limited v African Safari Club Limited [2014] KEELRC 374 (KLR)
The bottom line
#A Kenyan court ruled that a limited estate administrator cannot block the sale of a company's property, and lawyers cannot double as administrators of the same estate.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of an administrator ad colligenda bona
A limited grant ad colligenda bona does not confer capacity on the holder to represent the deceased or his estate so as to set aside orders made against the respondent company
Relying on Kahawa Sukari Limited, the court held that a grant ad colligenda bona does not make the holder a representative of the deceased until a full grant issues. Further, letters of administration intestate had not been sought although the deceased died over a year earlier, suggesting the grant was sought to shield the estate's assets from the judgment debt owed to 368 former employees.
Conflict of interest in acting as both advocate and administrator
The Applicant, an advocate, could not simultaneously act as administrator of the same estate, contrary to Rule 9 of the Advocates Practice Rules
The court found that Sheila Nkatha Muthee, an advocate of the High Court practising at Muthee Oballa and Associates, had supported the application in her capacity as advocate while also claiming capacity as administrator ad colligenda bona. This dual role created a conflict of interest that independently grounded dismissal of the application, in line with the Advocates Act framework and Rule 9 of the Advocates Practice Rules.
Non-disclosure and cross-purpose orders between courts of concurrent jurisdiction
There was material non-disclosure to the High Court of the proceedings before the Industrial Court, and the High Court orders risked causing courts of equal status to act at cross purposes
The court noted that the High Court preservatory order and grant ad colligenda bona were obtained either oblivious to or in disregard of the Industrial Court's consent order of 11th December 2013, which was made after tracing assets of African Safari Club, a company whose principal shareholder and managing director was the deceased. The court concluded the true purpose was to frustrate the judgment debt owed to 368 former employees.
Legal principles established
#- A person who obtains a grant ad colligenda bona is not a representative of the deceased until a full grant is obtained, and lacks standing to challenge orders made against the deceased's company
- Courts of concurrent jurisdiction cannot stay or interfere with each other's orders in different causes of action
Court orders
#- 1.The Applicant's application dated 30th January 2014 for review/setting aside of the consent order of 11th December 2013 is dismissed with costs
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya 2010 as read with Section 4(1) of the Industrial Court Act 2011
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (7)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Matu v Mugweru & 2 others (Environment and Land Case 351 of 2017) [2026] KEELC 1956 (KLR)[2026] KEELC 1956 (KLR)5 Mar 2026
- Gabriel Ochong Oriwo & Another v Augstino Omwanda & District Lands Surveyor, Ugenya[2015] KEHC 1345 (KLR)12 Nov 2015
- Hebei Construction Investment Group (HCIG) – Energy Investment Company Limited & Another v Ministry of Energy and Petroleum & 4 Others[2014] KEHC 1458 (KLR)28 Nov 2014
- Mike Rubia & Another v Dr. Moses Mwangi & Jimnah Mbaru[2014] KEHC 8200 (KLR)26 Aug 2014
- Rahab Wacuka & 6 Others (suing as guardians of minors) v The Standard Media Group Ltd & Nation Media Group Ltd[2013] KEHC 636 (KLR)18 Dec 2013
- Sanitam Services (E.A) Limited v Attorney General and 15 Others[2012] KEHC 708 (KLR)5 Dec 2012applied
- Petition by former Police Sergeant challenging removal from the Kenya Police Force (General Service Unit)[2012] KEHC 5910 (KLR)5 Oct 2012
Cite this brief
#Cite this brief
Caselaw, "Alphonse Mwangemi Munga & 10 others (Suing on their own behalf and on behalf of 367 employees of African Safari Club Limited v African Safari Club Limited [2014] KEELRC 374 (KLR)", Case Analysis (2014). Application dated 30th January 2014 in Industrial Case No. 133(N) of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/374/eng@2014-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.