Ahmed v Local Authorities Pension Trust Registered Trustees (LAPTRUST) (Environment and Land Case Civil Suit 25 of 2012) [2025] KEELC 18626 (KLR) (10 December 2025) (Ruling) Neutral citation: [2025] KEELC 18626 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE CIVIL SUIT 25 OF 2012 EK MAKORI, J DECEMBER 10, 2025 BETWEEN FATUMA ABDALLA AHMED .................................................................. PLAINTIFF AND LOCAL AUTHORITIES PENSION TRUST REGISTERED TRUSTEES (LAPTRUST) ........................................................................................... DEFENDANT RULING 1. The Motion application led on July 17, 2025, primarily requests that a sum of Kshs. 52,000,000/held by the 2nd defendant/applicant be deposited in court for distribution to the beneciaries of the estate of the plainti (now deceased). 2. The main reason, as disclosed in the adavit sworn by Isaac Mitei, the group company secretary of the second defendant/applicant, is that it has become aware of a pending succession suit before the Kadhis Court in succession cause No. E013/2025, where the funds in question are being discussed. 3. Additionally, there are other claims from third parties regarding the same money, which the court must decide. 4. In the replying adavit, learned counsel for the plaintis/respondents, Hon. Khatib, in his adavit deposed on July 25, 2025, contends that he has been handling the matter for the plainti since 2010. The plainti's sisters claim that the estate is under the administration of the plainti's father, yet this court and the Court of Appeal have long settled the issue of ownership of the property in question. 5. That there was a consent led settling the matter, and all monies ought to be released to the rm of Khatib and Company advocates for the distribution to the beneciaries of the estate of the deceased. 6. Before I could address this ruling, a letter was sent to the Deputy Registrar of this court, dated September 26, 2025, informing him that a consent had been reached in the Kadhis court for the money https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18626/eng@2025-12-10 1
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to be released to the rm of Khatib and Company Advocates once again, in settlement of the issues raised here and in the Kadhis court. 7. I will reckon that the 2nd defendant/applicants are holding the money for the benet of the estate of the deceased, an issue that has now been settled here and in the Kadhis court. 8. Consequently, I would have permitted the monies to be deposited with the court. However, these funds will remain unutilized, as both the court here and the Kadhis court have already established procedures for their management in the interests of the beneciaries. 9. Consequently, the application dated July 17, 2025, will be permitted on the condition that the funds are wired to the rm of Khatib and Company Advocates and handled in accordance with the terms of the consent agreed upon by the parties during negotiations and as recorded in the consent orders dated 18 September 2025. 10. There will be no order regarding costs. DATED, SIGNED, AND DELIVERED ELECTRONICALLY IN MALINDI ON DECEMBER 10, 2025. E. K. MAKORI JUDGE In the presence of: Ms. Mohammed for the 1st Plainti Ms. Jillo for the 2nd Defendant Happy: Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18626/eng@2025-12-10 2
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