Where all joint administrators die before estate conclusion, the original grant becomes void, and a de bonis non grant must be issued - The Case of In re Estate of Joel Rukwaro Thuku (Deceased) [2018] KEHC 6638 (KLR)

📝 Case Brief

1. Facts

• Joel Rukwaro Thuku passed away on 21 February 2003.
• Letters of administration intestate were granted to Rhoda, Rebecca, and Hosea Rukwaro on 19 September 2011; they were confirmed on the same date.
• Before the estate was fully administered, all three administrators died (Rhoda – 21 Jan 2016; Rebecca – 11 Aug 2014; Hosea – 21 Nov 2017).

2. Procedural History

• On 19 March 2018, Monica Rukwaro (a beneficiary) filed a summons under Rule 49 of the Probate & Administration Rules seeking substitution as sole administrator.
• She supported her application with the grant and death certificates, as well as written consent from other heirs.

3. Issues

1.     Whether Rule 49 or Section 81 of the Law of Succession allows the substitution of all deceased joint administrators.

2.     What happens when all administrators have died before the estate is fully administered?

3.     Whether a grant of letters of administration de bonis non should be issued.

4. Applicable Law

• Rule 49, Probate & Adm. Rules: Process for applications regarding estates not covered elsewhere.
• Section 81, Law of Succession Act: Powers of surviving joint executors/administrators.
• Section 76(e) and paragraph 6, Fifth Schedule: For issuing letters of administration de bonis non where no surviving administrator exists.
• Section 66: Courts may appoint an administrator suo motu.
• Article 159(1) (Constitution): Courts to uphold justice irrespective of procedural missteps.

5. Court’s Analysis

• Section 81 only applies when some administrators survive—not applicable here as all died.
• No law provides for substitution where all joint administrators have died.
• Under Section 76(e), once administrators die, the original grant becomes ineffective (“inoperative”), and a limited grant of letters of administration de bonis non is appropriate to complete the estate administration.
• Despite procedural mislabelling under Rule 49, the Court relied on its inherent powers and the Law of Succession to remedy the situation.

6. Decision / Holding

• The original grant to Rhoda, Rebecca, and Hosea is revoked.
• A grant of letters of administration de bonis non is issued to Monica Rukwaro, with a certificate of confirmation in her name.
• The Court invoked Sections 76(e) & 66, the Fifth Schedule, and Article 159(1) to make the appropriate order.

7. Significance / Impact

• Clarifies that where all joint administrators die before estate conclusion, the original grant becomes void, and a de bonis non grant must be issued.
• Affirms judicial power to correct procedural inaccuracies and appoint an administrator to prevent estate administration collapse.

8. Conclusion

The court resolved the administrative gap by empowering Monica Rukwaro to administer her late relative’s estate, ensuring legal continuity and fairness.