In re Estate of the Deceased (Administrator v Respondents) – Application for Injunction and Stay of Criminal Proceedings
The bottom line
#Estate land cannot be sold by family members without court authority, and administrators are protected from criminal charges while managing the estate.
What this practically means
#Executive summary
#Key legal issues
#Capacity of the 3rd Respondent to sell the suit land
She had no capacity to sell land belonging either to the deceased's estate or to the estate of the late Kipkerich Lagat; she did not even file an affidavit in support or opposition.
The court found the 3rd Respondent was a daughter-in-law to the deceased whose estate was under a confirmed grant administered by the Applicant. She sold land without the Applicant's consent or the court's authority. Even assuming the deceased had not purchased from Amos Kerich, the land would belong to the late Lagat's estate, which she could not dispose of either. Purchasers' proper recourse was to await rectification of the grant or lodge claims in the Lagat estate.
Stay of criminal proceedings against the administrator
The criminal proceedings in Kitale Criminal Case No. 2596 of 2018 were suspended/stopped because the Applicant was performing his lawful duty of collecting the estate in a purely civil matter.
The court reasoned that the Applicant's role as administrator imposed a duty to collect the estate and prevent intermeddling. Since the matter before it was purely civil unless proved to the contrary, there was no reason the administrator should face criminal charges for undertaking that duty.
Legal principles established
#- A daughter-in-law of a deceased person has no capacity to dispose of land belonging to the deceased's estate or to another estate without authority of the administrator or the court.
- An administrator has a legal duty to collect the estate and prevent intermeddling with it.
- An administrator performing his duty of collecting an estate should not be subjected to criminal process in a purely civil matter.
Court orders
#- 1.Respondents jointly and severally restrained from trespassing on the portion of land measuring 1 ½ Chepkaos Parcel No. 5 registered in the name of Kipkerich Lagat pending filing and rectification of grant by the Applicant
- 2.Applicant ordered to apply for rectification of the grant within 60 days from the date of the ruling
- 3.Kitale Criminal Case No. 2596 of 2018 suspended and/or stopped pending further orders and/or directions from the court
- 4.Costs in the cause
- Jurisdiction invoked
- Succession jurisdiction of the High Court over administration of estates (confirmed grant; rectification of grant application pending)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Estate of the Deceased (Administrator v Respondents) – Application for Injunction and Stay of Criminal Proceedings", Case Analysis (2019). Not stated in the judgment (Succession Cause; application dated 22nd August 2018). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.