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High CourtDismissed

In re Estate of Samuel Kahura alias Mbura Kahura (Deceased)

High Court of Kenya
14 November 2019
ALAli-Aroni
378 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Failure to comply with past court orders regarding property valuations will prevent an estate administrator from getting early distribution of assets.

What this practically means

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Executive summary

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This ruling of the High Court of Kenya at Nairobi, delivered by Ali-Aroni J on 14 November 2019, deals with an application dated 19 December 2018 seeking partial distribution of the estate of Samuel Kahura alias Mbura Kahura, who died on 7 February 1996. The administrators, Nellie Muthoni and Robinson Kahura, sought partial confirmation to enable them to dispose of one property the deceased had been on the verge of selling before his death, stating that monies were needed for the medical needs of elderly beneficiaries. The court first seised of the matter on 30 September 1998 and issued a grant on 1 December 1998. That grant was successfully challenged by the widow, Nellie Muthoni Mburu, who was nullified and then appointed administrator together with Robinson Kahura Mburu by a consent order dated 8 March 2004, on which date the administrators were also to meet to discuss the mode of distribution. A confirmation application filed on 20 June 2005 listing thirty properties stalled because no proof of ownership was filed. On 6 October 2004 the court directed the parties to provide valuation reports and searches for the properties, but that order had never been complied with. The court held that the order remained binding on all parties, that no reason had been given for the non-compliance, and that no proof of the alleged illness had been provided. It therefore declined the partial confirmation, directed the parties to obtain the relevant searches and valuations within 45 days, and ordered a mention date to be fixed within 45 days to inform the court of the outcome. No costs order was made.

Key legal issues

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Whether partial confirmation of the estate should be granted

Holding

Partial confirmation declined because the administrators failed to comply with the 6 October 2004 order to provide valuation reports and searches and gave no reason for non-compliance

Reasoning

The court traced the history: the grant issued in 1998 was nullified, and new administrators were appointed by consent in 2004. A confirmation application filed in 2005 stalled because no proof of ownership was filed. The 2004 order for valuation reports and searches was never complied with, and no explanation or proof of the alleged illness was provided. Without compliance or justification, the court found no basis for partial distribution.

p. 1

Legal principles established

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  • A court order remains binding on all parties until complied with, regardless of the passage of time

Court orders

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  1. 1.Partial confirmation declined
  2. 2.Parties directed to obtain the relevant searches and valuation of the properties within 45 days of the date of the ruling
  3. 3.A mention date to be fixed to inform the court of the outcome within 45 days
Jurisdiction invoked
Probate and administration jurisdiction over the estate of a deceased person (succession cause)

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, "In re Estate of Samuel Kahura alias Mbura Kahura (Deceased)", Case Analysis (2019). . Source:

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