Why court has blocked grandchildren from claiming grandparents' property

The High Court has ruled that grandchildren have no legal right to automatically inherit estates directly from their grandparents, if and when their parents are alive.

According to Justice Samwel Mohochi, the grandchildren are not automatic beneficiaries of the estates of their deceased grandparents and are simply at the mercy of their parents.

Judge Mohochi ruled that grandchildren only become beneficiaries by virtue of their relationships with their grandparents, but can only inherit their parents’ share of the estate.

“The grandchildren can only inherit from their parents, or replace them as beneficiaries after the parents die,” ruled Mohochi.

The judge also ruled that grandchildren cannot manage the estate of their grandparents if their parents are alive, unless they prove that their parents are unable to administer the estate.

The ruling came when Mohochi blocked six grandchildren of late politician Kibowen Komen from taking control of his estate, directly from their parents and uncles.

The six, Zakia Mohammed, Aziz Mohammed, Jamila Chelangat, Fozia Chemutai, Sophiah Jepkoskei and Sarah Jepkoech, wanted the court to remove Peter Kipruto, Abdulghani Mohamed, Abrulkadir Mohammed and Evan Kiptui as the administrators of the estate.

The four were appointed administrators on May 30, 2022, but took over from other administrators since the case was first decided on July 30, 2010.

They also wanted the court to put a caution on family properties in Njoro, Kabarnet, Rongai, and Seguton, measuring over 120 acres, to stop any transfer or dealings.

Further, they pleaded with the court to restrict the administrators from transferring or interfering with the family’s motor vehicles, shares in the Nairobi Stock Exchange or East Africa Breweries Limited.

However, Mohochi called out the six for making a move after their grandfather’s estate and at the same time contested for the inheritance of their deceased father, Mohammed Tanui, in a different court case.

“I consider the dual contradictory position of claiming dependency simultaneously in their grandfather’s estate as well as their father’s to be akin to speaking from both sides of their mouths,” ruled the judge.

The court maintained that such a contradictory position would be untenable in law, and it was like engaging in a lottery.

The court also failed to understand why the six, knowing too well that their late father was among the claimants of the estate, delayed for over 16 years before moving to court.

The court said it was apparent that the six were aware of the succession case, because their deceased father fully participated and was among the administrators.

At one point, the court pointed out that the deceased, being an administrator, unlawfully distributed some of the assets himself, but later, the titles were revoked by the court.

“The applicants equally admitted that they participated in the aforesaid succession case of their deceased father,” the judge stressed.

“In light of the express requirement by the rules, this application for review was delayed. I find the application without merit and dismiss it with costs,” the judge ruled.

At the same time, the court declined to review a 2010 order that directed the administrators to excise 66 acres from Kibowen’s estate and use it to settle the family debt.

Kibowen’s grandson, Micah Bowen, suggested that there was no need to sell the parcels because he had settled the debt.

However, in his ruling, Mohochi claimed that the court had no jurisdiction to review an order which was sustained at the High Court and also at the Court of Appeal.

Kibowen died intestate on February 15, 1997 and was survived by three widows: Rachael Komen, Magdalina Tapsiarka and Sote Komen. Rachael is the only surviving widow.

His estate comprises 3,600 acres, petrol stations, shares at the East African Breweries and parcels of land scattered across Nakuru and Baringo counties, among others, unlisted and unknown properties