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High CourtDismissedSummons dated 6/8/2014 (Succession Cause)

In re Estate of Jacob Gatune (Deceased)

High Court of Kenya
24 January 2019
1,693 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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If an estate administrator fails to account for the deceased's assets, the court can force them to provide a full financial report.

What this practically means

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Executive summary

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This ruling of the High Court at Nakuru (A. K. Ndung'u, J) determined a summons dated 6/8/2014 in a succession cause concerning the estate of Jacob Gatune (deceased). The applicants, Eliud Kinyara and Jane Nyambura, children of the deceased, sought substitution of Rebecca Mukuhi Gatune as administrator, appointment of themselves as administrators, affidavits of proposed distribution, bank statements from Standard Chartered Bank, and equitable distribution of the estate. The respondents opposed, raising a preliminary objection that the estate had been distributed to Rebecca as sole beneficiary upon confirmation of the grant, that there was no residual estate to administer, that Rebecca was never an administrator and could not be substituted, and that the second applicant had herself died on 31/10/2016. The court framed three issues: whether the summons was defective for seeking to substitute Rebecca; whether the estate property had transmitted to Rebecca before her death; and the legal effect of any non-transmission. The court found the grant had been issued to John Kimingi Gatune on 23/9/2010 and confirmed with the entire estate distributed to Rebecca, making the substitution prayer factually incorrect and abandoned. The allegation of non-transmission was unsupported by evidence, the applicants failing to discharge the burden of proof under Section 107 of the Evidence Act. The application was dismissed with costs to the respondents. However, acting on its own motion under Section 83(i) of the Law of Succession Act, the court ordered the administrator to render a full and accurate account of the completed administration within 90 days and directed that status quo be maintained over all estate properties pending accounts.

Key legal issues

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01

Whether the summons was defective for seeking to substitute Rebecca Mukuhi Gatune as administrator

Holding

The prayer was factually misconceived and abandoned; Rebecca was never the administrator, the grant having been issued to John Kimingi Gatune.

Reasoning

The record shows the grant of letters of administration was issued to John Kimingi Gatune on 23/9/2010 and confirmed with the whole estate distributed to Rebecca as sole beneficiary. The applicants' description of Rebecca as administrator was factually incorrect, and the substitution prayer was abandoned in submissions.

p. 2
02

Whether the estate property had transmitted to Rebecca Mukuhi Gatune before her death

Holding

The allegation of non-transmission was not proved; the applicants failed to discharge the burden of proof.

Reasoning

The applicants asserted that the property never vested in Rebecca but produced no evidence such as land registry records. The court held that whoever alleges must prove, and the applicants failed dismally, so the application would fail and issue (iii) need not be answered.

p. 3
03

The administrator's failure to render accounts under Section 83(g) of the Law of Succession Act

Holding

The court, on its own motion, ordered the administrator to produce a full and accurate account of the completed administration within 90 days.

Reasoning

Although not raised as a prayer, the court noted the administrator had not rendered accounts eight years after confirmation. Acting on its own motion under Section 83(i) in the interest of justice to interested parties, it ordered accounts and maintenance of status quo pending accounts.

p. 3

Legal principles established

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  • An administrator is under a legal duty, enforceable by the court on its own motion or at an interested party's instance, to render a full and accurate account of the completed administration within six months of confirmation of the grant.
  • A party alleging that estate property did not transmit to a beneficiary bears the burden of proving that fact.

Court orders

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  1. 1.The application dated 6/8/2014 is dismissed with costs to the respondents.
  2. 2.The court on its own motion ordered John Kimingo Gatune, the administrator of the estate of Jacob Gatune (deceased), to produce in court within the next 90 days a full and accurate account of the completed administration in respect of the estate.
  3. 3.Status quo in respect of all the properties which formed the estate of the deceased be maintained pending accounts.
Jurisdiction invoked
Law of Succession Act (Cap 160), Sections 83(g) and 83(i)

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 Jacob Gatune (Deceased)", Case Analysis (2019). Summons dated 6/8/2014 (Succession Cause). Source: 

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