In Re The Matter of the Estate of Joseph Gichuki Riunge – (Deceased) [2014] KEHC 7868 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

SUCCESSION CAUSE NO. 3079 OF 2002

IN THE MATTER OF THE ESTATE OF JOSEPH GICHUKI RIUNGE –(DECEASED)

RULING/DIRECTIONS

1.  On 3rd April 2013, I cancelled the certificate of confirmation of grant dated 26th September 2005, and directed the administrators to file a fresh application for confirmation of grant within thirty (30) days of the order of 3rd April 2013, allotting shares in the estate individually to each of the persons named in the petition as children of the deceased.  There was a further order that the administrators furnish accounts of their administration of the estate within thirty (30) days.  Failure to comply with the said orders was to revert in the revocation of the grant made on 21st February 2003 to Theresa Wanjiru Riunge, Francis Kimani Gichuki, Francis Mburu Riunge and David Muniu Riunge.

2.  The orders to file a fresh confirmation application and furnishing of accounts were not complied with hence the said grant stood automatically revoked after expiry of thirty (30) days from 3rd April 2013.

3.  The parties have since filed several applications seeking injunctions and asking the court to appoint them as administrators of the estate.  There is an application dated 28th May 2013 filed by David Muniu Riunge.  There is another dated 25th June 2012 by Theresa Wanjiru Riunge.  Josephine Njeri Riunge filed her own application dated 30th May 2013.

4.  There is no basis for dealing with the pending applications so long as there are no administrators in place.  Indeed the said applications are filed in abuse of process given that the administrators did not comply with the very clear orders made on 3rd April.  Court orders are not made in vain.  They are to be obeyed for failure to heed court orders exposes our system to cheat and anomaly.  Kenya is supported to be a democracy, where the rule of law reigns.  Disobedience of court orders is the anti-thesis of the principle of rule of law.

5.  It is clear to me from what is on record they the survivors of the deceased are not able to agree on the administration and distribution of estate. They all appear to be in competition and acting in cross- principal.  In such a situation the court has no option but to interview and given directory orders.

6.  The final orders/directions that I will give in this matter are:-

(1) That the applications dated 28th May 2013, 30th May 2013 and 25th June 2013 are hereby struck out for being filed in abuse of process of court;

(2)  That Theresa Wanjiru Riunge, Francis Kiman Gichuki, Francis Mburu Riunge and David Muniu Riunge shall show cause on 28th May 2014.  Why they cannot be committed to civil jail for failing to comply with the orders made on 3rd April 2014; and

(3)  That the Deputy Registrar shall issue appropriate notices for service upon the said Theresa Wanjiru Riunge, Francis Kimani Gichuki, Francis Mburu Riunge and David Muniu Riunge.

DATED, SIGNED and DELIVERED at NAIROBI this 16th DAY OF May 2014.

W. MUSYOKA

JUDGE

Josephine Riungu party in person.