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Alfred Elijah Rori V M-Kopa Kenya Limited [2016] eKLR

Case Number: Cause 645 of 2015 Date Delivered: 29 Jan 2016

Judge: Linnet Ndolo

Court: Employment and Labour Relations Court at Nairobi

Parties: Alfred Elijah Rori v M-Kopa Kenya Limited

Citation: Alfred Elijah Rori V M-Kopa Kenya Limited [2016] eKLR

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Joel Njoroge Njenga V John K. Mwicigi [2016] eKLR

Case Number: Environment and Land Case 235 of 2014 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Joel Njoroge Njenga v John K. Mwicigi

Citation: Joel Njoroge Njenga V John K. Mwicigi [2016] eKLR

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Rajni Kant Nathoo V Edward Nthuli & 4 Others [2016] eKLR

Case Number: Environment and Land Case 1196 of 2004 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Rajni Kant Nathoo v Edward Nthuli,Paul Githaiga Ng’ang’a,Ramji Manji Shamji,Commissioner of Lands & Attorney General

Citation: Rajni Kant Nathoo V Edward Nthuli & 4 Others [2016] eKLR

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Muiru Mwangi Muita V Greenpark Water Services Ltd [2016] eKLR

Case Number: Cause 386 of 2014 Date Delivered: 29 Jan 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nakuru

Parties: Muiru Mwangi Muita v Greenpark Water Services Ltd

Citation: Muiru Mwangi Muita V Greenpark Water Services Ltd [2016] eKLR

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Margaret Rose Wambui V Silvester John Njoroge [2016] eKLR

Case Number: Environment and Land Case 3087 of 1981 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Margaret Rose Wambui v Silvester John Njoroge

Citation: Margaret Rose Wambui V Silvester John Njoroge [2016] eKLR

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Veronicah R. Cherono V Joseph Ruto Cherono [2016] eKLR

Case Number: Miscellaneous Application 15 of 2015 Date Delivered: 29 Jan 2016

Judge: Antony Ombwayo

Court: Environment and Land Court at Eldoret

Parties: Veronicah R. Cherono v Joseph Ruto Cherono

Citation: Veronicah R. Cherono V Joseph Ruto Cherono [2016] eKLR

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Philan Holdings Limited V Zablon Mabea & 2 Others [2016] eKLR

Case Number: Environment and Land Case 443 of 2008 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Philan Holdings Limited v Zablon Mabea, Teresiah Mburu & Kentmore Company Limited

Citation: Philan Holdings Limited V Zablon Mabea & 2 Others [2016] eKLR

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Mark Oduor V Julius Wanjau [2016] eKLR

Case Number: Environment and Land Case of 2008 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Mark Oduor v Julius Wanjau

Citation: Mark Oduor V Julius Wanjau [2016] eKLR

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Newton Wanjala & 12 Others V Joseph Ziro Musioma & 4 Others [2016] Eklr

Case Number: Environmental And Land 300 of 2004 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Newton Wanjala & 12 others v Joseph Ziro Musioma, Cresent Construction Co. Ltd Kairu Enterprises Limited Pan African Bank Limited (In Liquidation) & Commissioner Of Lands

Citation: Newton Wanjala & 12 Others V Joseph Ziro Musioma & 4 Others [2016] eKLR

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Nelson Mwangi Nderitu V Kenya Tea Development Agency & 4 Others [2016] eKLR

Case Number: Miscellanous Application 24 of 2015 Date Delivered: 29 Jan 2016

Judge: Linnet Ndolo

Court: Employment and Labour Relations Court at Nairobi

Parties: Nelson Mwangi Nderitu v Kenya Tea Development Agency, Theta Tea Factory, Director of Public Prosecutions, Inspector-General National Police Service & Attorney General

Citation: Nelson Mwangi Nderitu V Kenya Tea Development Agency & 4 Others [2016] eKLR

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Jestimore Simwenyi V Samson Sichangi [2016] eKLR

Case Number: Environment & Land Case 42 of 2015 Date Delivered: 29 Jan 2016

Judge: Antony Ombwayo

Court: Environment and Land Court at Eldoret

Parties: Jestimore Simwenyi v Samson Sichangi

Citation: Jestimore Simwenyi V Samson Sichangi [2016] eKLR

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Paul Ng’ang’a Ndungu V Stephen Wainaina Wang’ombe & Another [2016] eKLR

Case Number: Environment and Land Case 545 of 2010 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Paul Ng’ang’a Ndungu v Stephen Wainaina Wang’ombe & Registrar of Titles

Citation: Paul Ng’ang’a Ndungu V Stephen Wainaina Wang’ombe & Another [2016] eKLR

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Republic V National Transport And Safety Authority & Another [2016] eKLR

Case Number: Miscellaneous Civil Application 27 of 2016 Date Delivered: 29 Jan 2016

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v National Transport and Safety Authority & National Environment Authority

Citation: Republic V National Transport And Safety Authority & Another [2016] eKLR

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Gitahi Minua & 4 Others V Peter Mburu Mwaura & Another [2016] eKLR

Case Number: Environment & Land Case 1324 of 2014 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Gitahi Minua, Christopher Njoroge Boro, Kezia Wanjiru Njuguna, Hezron Maina Karatu & Jane Wambaire Mwangi ( For their own behalf and on behalf of 40 Others) v Peter Mburu Mwaura & Attorney General

Citation: Gitahi Minua & 4 Others V Peter Mburu Mwaura & Another [2016] eKLR

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Susan Mbeke Kasome & 872 Others V Njiru Ageria Development Ltd [2016] eKLR

Case Number: Civil Application 192 of 2015 (Ur 157/2015) Date Delivered: 29 Jan 2016

Judge: Paul Kihara Kariuki, Philomena Mbete Mwilu, James Otieno Odek

Court: Court of Appeal at Nairobi

Parties: Susan Mbeke Kasome & 872 others v Njiru Ageria Development Ltd

Citation: Susan Mbeke Kasome & 872 Others V Njiru Ageria Development Ltd [2016] eKLR

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Lucy Nyawira Njeri V Mary Mukiri Gilbert [2016] eKLR

Case Number: Environment and Land Case 1017 of 2014 Date Delivered: 29 Jan 2016

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Lucy Nyawira Njeri v Mary Mukiri Gilbert

Citation: Lucy Nyawira Njeri V Mary Mukiri Gilbert [2016] eKLR

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Kiplagat Kotut V Rose Jebor Kipngok [2016] eKLR

Case Number: Environment And Land 691 of 2012 Date Delivered: 29 Jan 2016

Judge: Antony Ombwayo

Court: Environment and Land Court at Eldoret

Parties: Kiplagat Kotut v Rose Jebor Kipngok

Citation: Kiplagat Kotut V Rose Jebor Kipngok [2016] eKLR

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Thomas Njung’e V James Kamonde & 4 Others [2016] eKLR

Case Number: Environment and Land Case 1052 of 2003 Date Delivered: 29 Jan 2016

Judge: Samson Odhiambo Okong'o

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Thomas Njung’e v Thierere Meitii, James Kamonde, Rosalind Kibanya, Land Registrar - Kirinyaga District & Catholic Diocese of Murang’a [2016] eKLR

Citation: Thomas Njung’e V James Kamonde & 4 Others [2016] eKLR

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Republic V William Macharia Murathe [2016] eKLR

Case Number: Miscellaneous Criminal Application 15 of 2015 Date Delivered: 29 Jan 2016

Judge: John Muting'a Mativo

Court: High Court at Nyeri

Parties: Republic v William Macharia Murathe

Citation: Republic V William Macharia Murathe [2016] eKLR

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Jitu Tribhovanbhai Savani V Parag Bhagwanjighai Savani & Another [2016] eKLR

Case Number: Miscellaneous Cause 197 of 2015 Date Delivered: 29 Jan 2016

Judge: Mutungi Charles Kariuki

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Jitu Tribhovanbhai Savani v Parag Bhagwanjighai Savani & P.V.R Rao

Citation: Jitu Tribhovanbhai Savani V Parag Bhagwanjighai Savani & Another [2016] eKLR

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Joseph Amwayi David & 9 Others V Registrar Of Trade Unions [2016] eKLR

Case Number: Appeal 19 of 2014 Date Delivered: 28 Jan 2016

Judge: Hellen Wasilwa Seruya

Court: Employment and Labour Relations Court at Nairobi

Parties: Joseph Amwayi David, Josephine Kadenyi, Musa Kibaya Kehima, Moses Mwangi, Alex Shisanya, Wacera Muia, Beth Njuguna, Hellah Ingalia, Mildred Kadenya & Lydiah Andeso (Proposers & Promoters Of Kenya House Help, Drivers, Caretakers and Allied Workers’ Union (KHODCAWU) v Registrar of Trade Unions

Citation: Joseph Amwayi David & 9 Others V Registrar Of Trade Unions [2016] eKLR

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Eastern Produce (K) Limited V Philister Odero Ochieng [2016] eKLR

Case Number: Civil Appeal 103 of 2012 Date Delivered: 28 Jan 2016

Judge: Cecilia Wathaiya Githua

Court: High Court at Eldoret

Parties: Eastern Produce (K) Limited v Philister Odero Ochieng

Citation: Eastern Produce (K) Limited V Philister Odero Ochieng [2016] eKLR

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Salome Nyambura Karugu & Another V Michael Kariuki Kibui [2016] eKLR

Case Number: Succession Cause 1871 of 1994 Date Delivered: 28 Jan 2016

Judge: Aggrey Otsyula Muchelule

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Salome Nyambura Karugu & Margaret Njeri Butt v Michael Kariuki Kibui

Citation: Salome Nyambura Karugu & Another V Michael Kariuki Kibui [2016] eKLR

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Republic V Zablon Chacha [2016] eKLR

Case Number: Criminal Case 7 of 2014 Date Delivered: 28 Jan 2016

Judge: Mrima Antony Charo

Court: High Court at Migori

Parties: Republic v Zablon Chacha Alias Pastor

Citation: Republic V Zablon Chacha [2016] eKLR

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Essau Kasaya Mmasi V Violet Khalayi [2016] eKLR

Case Number: Miscellaneous Civil Application 238 of 2014 Date Delivered: 28 Jan 2016

Judge: Ruth Nekoye Sitati

Court: High Court at Kakamega

Parties: Essau Kasaya Mmasi v Violet Khalayi

Citation: Essau Kasaya Mmasi V Violet Khalayi [2016] eKLR

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James Macharia Kanene V Republic [2016] eKLR

Case Number: Miscellaneous Criminal Application 423 of 2015 Date Delivered: 28 Jan 2016

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: James Macharia Kanene v Republic

Citation: James Macharia Kanene V Republic [2016] eKLR

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Benson Mutuma Muriungi V C.E.O. Kenya Police Sacco & Another [2016] eKLR

Case Number: Succession Cause 129 of 2015 Date Delivered: 28 Jan 2016

Judge: Francis Gikonyo

Court: High Court at Meru

Parties: Benson Mutuma Muriungi v C.E.O. Kenya Police Sacco & Sarah Kagwira

Citation: Benson Mutuma Muriungi V C.E.O. Kenya Police Sacco & Another [2016] eKLR

Not all properties that relate to a deceased person form part of an estate for purposes of the Law of Succession Act.

 

Benson Mutuma Muriungi v Kenya Police Sacco (CEO) & another

Succession Cause No 129 of 2015

High Court of Kenya at Meru

January 28, 2016

F Gikonyo J

Reported by Phoebe Ida Ayaya

Brief facts

The Applicant brought that sought the committal of the Respondents to prison or to pay a fine for intermeddling with the free property of the deceased. The application was brought under section 45 of the Law of Succession Act, Rule 73 of the Probate and Administration Rules and any other enabling provision of the law. The application was anchored upon the affidavit of the Applicant and other grounds which were adduced during the hearing thereof. The deceased was a policeman and a member of the Police SACCO where he had money as well as benefits. The said benefits formed part of the free property of the deceased, and could therefore, be dealt with by a personal representative of the deceased. And since there was no grant that had been made to the 1st Respondent, she did not have the authority in law to deal with the benefits in question. Counsel for the Applicant was categorical that the by-laws of the SACCO did not constitute any other written law envisaged under section 45 of the Law of Succession Act, and so could not confer authority on the Respondents to pay over the benefits of the deceased to a person other than a personal representative of the deceased.  Therefore, he urged that, by paying out, and receiving the benefits belonging to the deceased, the 2nd and 1st Respondent, respectively committed acts of intermeddling with the free property of the deceased for which they were to be committed to prison or penalized to pay a fine as provided for in section 45 of the Law of Succession Act.

Issues

  1. Whether the benefits in the Police Sacco formed part of the estate of the deceased who was a member of the Sacco
  2. Whether the assets or funds in question form part of the free property of the deceased
  3. Whether the Respondents were guilty of intermeddling with the free property of the deceased

Law of Succession-Administration of estates-Free property - whether the benefits in the Police Sacco formed part of the estate of the deceased who was a member of the Sacco--Law of succession Act (cap 160) section 45.

Law of Succession-Administration of estates-assets or funds- whether the assets or funds in question form part of the free property of the deceased-Law of succession Act (cap 160) section 45.

Law of Succession-Administration of estates -Intermeddling- whether the Respondents were guilty of intermeddling with the free property of the deceased -Law of succession Act (cap 160) section 45.

Relevant Provisions of law

Law of Succession Act

Section 45

 Protection

 45.       No intermeddling with property of deceased person

 (1)        Except so far as expressly authorized by this Act, or by any other written law, or by a grant of representation under this Act, no person shall, for any purpose, take possession or dispose of, or otherwise intermeddle with, any free property of a deceased person.

 (2)        Any person who contravenes the provisions of this section shall—

 (a) be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding one year or to both such fine and imprisonment; and

 (b) be answerable to the rightful executor or administrator, to the extent of the assets with which he has intermeddled after deducting any payments made in the due course of administration.

Co-operative Societies Act and clause 20 and 21 of the Kenya Police Sacco Society Ltd by-laws which provide as follows:-        

                         20. NOMINEE                                 

 20.1.    Every member shall nominate in writing one or more persons as nominee(s). The nomination shall be attested to by at least two witnesses who are members of the Sacco society.

 20.2.    The names of such nominee(s) shall be entered in the nominee register.

 20.3.    Provided that a member shall have the right to change his/her nominee in writing in the presence of at least two attesting witnesses who are members of the Sacco society.

                         21.       PAYMENT TO NOMINEE

 21.1.    The Sacco society after obtaining such documentary proof of the death of a member as it may consider necessary, shall pay to the nominee the value of the deceased member’s deposits, interest and dividend after deducting monies owed to the Sacco society, if any

Held

  1. The application rotated around section 45 of the Law of Succession Act. There was no specific definition of the term intermeddling provided in the Law of Succession Act. The Act simply prohibited taking possession of or disposing of, or otherwise intermeddling with, any free property of a deceased person by any person unless with the express authority of the Act, any other written law or a grant of representation under the Act. The use of wide and general terms such as; for any purpose and /or otherwise intermeddle with in the Act portended that the category of the offensive acts which would amount to intermeddling was not heretically closed or limited to taking possession and disposing of the property of the deceased.
  2.  Included in that category such acts as; taking possession, or occupation of, disposing of, transferring, exchanging, receiving, paying out, distributing, donating, charging or mortgaging, leasing out, interfering with existing lawful liens or charge or mortgage of the free property of the deceased in contravention of the Law of Succession Act or any other written law. The list is not closed or exhaustive. The list could be long. However, any act or acts that dissipated or diminished or put at risk the free property of the deceased are acts of intermeddling in law.
  3. Intermeddling with the free property of the deceased was a very serious criminal charge for which the person intermeddling could be convicted and sentenced to a jail term or fine or both as prescribed under section 45 of the Law of Succession Act. Parties should also note that the law had emphasized the need to protect the free property of the deceased by providing for a very firm stance on intermeddling; had clothed the Court with wide powers to punish for intermeddling and to issue any appropriate order(s) of protection of the estate against any person. Even the police officers and administration officer have powers to take steps towards protection of and prevention of intermeddling with the free property of the deceased. This is the nature of matters before me.
  4. Not all properties that relate to the deceased form part of the estate for purposes of the Law of Succession Act. According to the Law of Succession Act Estate meant the free property of a deceased person "Free property", in relation to a deceased person, meant the property of which that person was legally competent freely to dispose during his lifetime, and in respect of which his interest has not been terminated by his death;
  5. The grant of probate only perfects the representative title of the executor to the property which belonged to the testator and over which he had disposing power...”n sections 12 and 13 of the said Act that:  Once by-laws are registered, they bind the society and the members thereof to the same extent as if they were signed by each member and contained covenants on the part of each member for himself and his personal representatives to observe all the provisions of the by-laws.
  6.  Therefore, a reading of the law reveals that there are properties that the deceased cannot freely dispose of during his lifetime, and in respect of which his interest has been terminated by his death; such property does not form part of the free property of the deceased. Which are these properties?
  7. Some types of assets that do not vest in the deceased’s personal representatives; such property included:-

 (a) Property held by the deceased as a joint tenant;

 (b) Sums payable under a discretionary pension scheme;

  (c) Property subject matter of a donatio mortis causa; and

 (d) Property of the deceased that was the subject of a statutory nomination made by the deceased.                                                                                           

 Up to this point, it was clear that some type of assets that relate to the deceased person might not necessarily form part of the estate of the deceased for purposes of Law of Succession Act.

  1. Property held under a joint tenancy is subject to the rule of survivorship. Under the said rule the deceased ceases to be entitled to the property on his death where he or she is survived by one or more joint tenants; the surviving joint tenant takes the deceased’s share by virtue of their surviving the deceased. Therefore, property in joint tenancy or ownership will only form part of the deceased’s estate where the deceased is the only surviving joint tenant.
  2. As a general rule, discretionary pension schemes may allow the contributor to nominate a third party who will receive the member’s benefits on the death of the contributor. However, such nomination was merely indicative of the deceased’s contributor wishes; it neither gave property rights to the nominee nor legal ownership of any part of the Trust to the deceased contributor so as to form part of the deceased's estate. Similarly, the trustees were not bound to pay the nominated funds to the nominee. The reason was because the trustees were the legal owners of the Trust property. Nevertheless, the discretion of the Trustees was guided at first instance by the nomination that was taken to be the wishes of the deceased contributor. And where the trustees exercise their discretion in favour of the nominated person, they pay the lump sum or pension directly to the third party.
  3. Rule 19 of the Retirement Benefits (Individual Retirement Benefits Schemes) Regulations 2000, which provided that upon the death of a member, the benefits payable from the scheme could be paid to the nominated beneficiary, and if the deceased had not named a beneficiary, then the trustees could exercise their discretion in the distribution of the benefits to the dependants of the deceased.
  4.   Another type of asset, which did not form part of the estate of the deceased, was assets subject of a donatio mortis causa, (gift causa mortis or Gift in Contemplation of Death); such assets passed directly to the donee. A donatio mortis causa was a gift made by a person during their lifetime but in contemplation of his imminent death.
  5. On the category of properties under Statutory Nominations, It was the law that funds the subject of a nomination do not form part of the nominators estate, and therefore such funds could not pass under the will of the deceased or vest in his personal representative. Such funds were not subject to the succession process, and should be dealt with in accordance with the law governing nomination. Nominations were statutory, in the sense of them being specifically provided for by a particular statute.
  6. In Kenya nominations were prescribed in statutes; statutory nomination. They were permissible mainly in savings and investments in cooperative societies and provident or pension schemes. For example, nominations under the Co-operative Societies Act were statutory. Section 39 (1) of the Co-operative Societies Act provided that upon the death of a member, a co-operative Society may transfer the share or interest of the deceased member to: a person nominated in accordance with the Act or the rules made under it; or if, no person had been nominated, to such person as may appear to be the personal representative of the deceased member.
  7.  The monies due to the deceased member will only be paid over to the personal representative of the deceased member where there was no valid nomination in place. Accordingly, the property that was subject of a statutory nomination was not free property of the deceased member; it did not pass or vest in the personal representative of the deceased member or to the estate; it passed directly to the nominee. Such property under statutory nomination was administered in accordance with the relevant Act and the regulations thereto. And when such monies were paid in accordance with the nomination by-laws of the Sacco, the payment was not in violation of the law.
  8. The fact that the Kenya Police Savings and Credit Co-operative Society Limited and the Kenya Police Sacco Society Limited were duly registered and regulated under the Co-operative Societies Act and the Sacco Societies Act changed everything.
  9. Section 39 of the Co-operative Societies Act allowed the society to pay monies due to a deceased member to a nominee of the deceased member or to such other person who appeared to be the personal representative of the deceased member.  The Sacco paid the monies due to the deceased member to the 1st Respondent who was the duly nominated nominee by the deceased member herein. The nomination and payment was done pursuant to the Co-operative Societies Act and clause 20 and 21 of the Kenya Police Sacco Society Ltd by-laws.
  10. The position of by laws was that once a Co-operative Society and a SACCO were registered, they enjoyed certain statutory privileges; other than becoming body corporate with a seal, perpetual succession, power to sue or be sued, they were also permitted to make by-laws which will regulate the doing of all things which are necessary to give effect their statutory responsibilities as corporate.
  11. To show the importance the law had placed on the by-laws by a Co-operative Societies and or a Sacco, one of the essential documents that must accompany an application for registration of a Co-operative Society or SACCO Society was a copy of the by-law. The character of the by-laws under the Co-operative Societies Act was stated in sections 12 and 13 of the said Act that:  Once by-laws were registered, they bound the society and the members thereof to the same extent as if they were signed by each member and contained covenants on the part of each member for himself and his personal representatives to observe all the provisions of the by-laws.
  12. Therefore, the by-laws in the case were made pursuant to the law i.e. the Co-operative Societies Act and the Sacco Societies Act; they are binding on the Sacco as well as the members and their personal representatives. The by-laws also regulated the operations of the Sacco on all matters contained in the by-laws. Again, the by-laws regulate the relationship among the Sacco, members, their nominees and their personal representatives as the case may be. Of importance, the by-laws gave effect to the statutory nominations provided for in the enabling laws. The by-laws did not confer power to make statutory nominations or power to pay dues of a deceased member to such nominees; they simply give the Sacco the practical mechanism on how members were to nominate their respective nominees under the law.
  13. Statutory nominations were not in any way in conflict with or in contravention of the Law of Succession Act. Therefore, it bore repeating that; the Co-operatives Act and By-laws of the Sacco regulated disposal of benefits, deposits, interest and dividend due to the deceased member. The payments were not authorized by law in the manner envisaged under section 45 of the Law of Succession Act. The Co-operative Societies Act and the SACCO Societies Act authorized them.
  14. In light thereof, with the nomination of the 1st Respondent as the nominee, she became solely entitled to receive the benefits from the Sacco Society. The monies which were subject of the nomination under the Co-operative Societies Act, the Sacco Societies Act and the by-laws made thereto did not form part of the estate of the deceased for purposes of sharing or distribution among the other beneficiaries of the estate. Except, however, if a person who was also a beneficiary in the estate received such payments under statutory nomination, it was to be taken into account when the Court in a succession cause was determining entitlement in or share of the net estate finally accruing to the particular beneficiary.
  15. Accordingly, in paying on behalf of, and by receiving the benefits from the Sacco, the 2nd Respondent and the 1st Respondent, respectively, did not commit acts of intermeddling with the free property of the deceased.

Application dismissed with costs to the Respondent

 

Cases

East Africa

  1. In re Estate of Alice Oriedo Okeng’o Alias Alice Akeng’o Oriedo Succession Cause No 151 of 2009 – (Explained)
  2. In re Estate of Carolyne Achieng’ Wagah Succession Cause No 1374 of 2004 – (Explained)       

India

  1. Balgangadhar Tilak v Ganesh Srikrishna 26 Ilr Bombay 792 – (Explained)

Texts and Journal

1. Musyoka, W., (Ed)(2006) Law of Succession: LawAfrica Publishing (K) Limited pp 235 & 236

Statutes

East Africa;

  1. Co-operative Societies Act (cap 490) sections 6,12,13,24, 39(1) – (Interpreted)
  2. Law of Succession Act (cap 160) sections 31,45 – (Interpreted)
  3. Probate and Administration Rules (cap 160 Sub Leg) rule 73 – (Interpreted)
  4. Retirement Benefits (Individual Retirement Benefits Schemes) Regulations 2000 (Act No 3 of 1997 Sub Leg) rule 19 – (Interpreted)
  5. Sacco Societies Act (cap 490A) In general 

Advocates

  1. Mr Riungu advocate for the Applicant
  2. Mr Murango Advocate for Ndubi advocate for 1st Respondent
  3. Mr Igweta advocate for the 2nd Respondent

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Prosecutor V Moureen Atieno Oduor [2016] eKLR

Case Number: Criminal Case 38 of 2014 Date Delivered: 28 Jan 2016

Judge: Esther Nyambura Maina

Court: High Court at Kisumu

Parties: Prosecutor v Moureen Atieno Oduor

Citation: Prosecutor V Moureen Atieno Oduor [2016] eKLR

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John Gachanja Mundia V Francis Muriira Alias Francis Muthika & Another [2016] eKLR

Case Number: Civil Application 42 of 2015 Date Delivered: 28 Jan 2016

Judge: Francis Gikonyo

Court: High Court at Meru

Parties: John Gachanja Mundia v Francis Muriira Alias Francis Muthika & Tigania Mission Hospital

Citation: John Gachanja Mundia V Francis Muriira Alias Francis Muthika & Another [2016] eKLR

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Emfil Limited V Attorney General & 423 Others [2016] eKLR

Case Number: Environment & Land Case 113 of 2015 Date Delivered: 28 Jan 2016

Judge: Anne Omollo

Court: Environment and Land Court at Mombasa

Parties: Emfil Limited v Attorney General & 423 others

Citation: Emfil Limited V Attorney General & 423 Others [2016] eKLR

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L.A.W & 2 Others V Marura Maternity Nursing Home & 2 Others [2016] eKLR

Case Number: Petition 606 of 2014 Date Delivered: 28 Jan 2016

Judge: Mumbi Ngugi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: L.A.W, Kenya Legal & Ethical Issues Network on Hiv & Aids (KELIN) & African Gender & Media Initiative Trust (GEM) v Marura Maternity Nursing Home, County Executive Committee Member in Charge of Health Services (Nairobi County) & Cabinet Secretary Ministry of Health

Citation: L.A.W & 2 Others V Marura Maternity Nursing Home & 2 Others [2016] eKLR

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P.K.M V J.W [2016] eKLR

Case Number: Miscellaneous Civil Application 149 of 2015 Date Delivered: 28 Jan 2016

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: P.K.M v J.W

Citation: P.K.M V J.W [2016] eKLR

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Norah Moraa Ombui V Speaker Kisii County Assembly & Another [2016] eKLR

Case Number: Petition 141 of 2015 Date Delivered: 28 Jan 2016

Judge: Marete D.K. Njagi

Court: Employment and Labour Relations Court at Kericho

Parties: Norah Moraa Ombui v Speaker Kisii County Assembly & Kisii County Assembly

Citation: Norah Moraa Ombui V Speaker Kisii County Assembly & Another [2016] eKLR

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Kaitet Ole Naigisa V Evans Lepapa Nchoe[2016] eKLR

Case Number: Civil Appeal 123 of 2014 Date Delivered: 28 Jan 2016

Judge: Janet Nzilani Mulwa

Court: High Court at Nakuru

Parties: Kaitet Ole Naigisa v Evans Lepapa Nchoe

Citation: Kaitet Ole Naigisa V Evans Lepapa Nchoe[2016] eKLR

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Nyaigwa Farmers’ Co-operative Society Limited V Ibrahim Nyambare & 3 Others [2016] eKLR

Case Number: Civil Application 231 of 2015 Date Delivered: 28 Jan 2016

Judge: Daniel Kiio Musinga

Court: Court of Appeal at Kisumu

Parties: Nyaigwa Farmers’ Co-operative Society Limited v Ibrahim Nyambare, Jeremiah Matara, James Mogaka Mabuka & Gesora Akama Samson

Citation: Nyaigwa Farmers’ Co-operative Society Limited V Ibrahim Nyambare & 3 Others [2016] eKLR

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Jackson Waigwa Mundia V Peter Maina Maingi [2016] eKLR

Case Number: Civil Appeal 41 of 2015 Date Delivered: 28 Jan 2016

Judge: Janet Nzilani Mulwa

Court: High Court at Nakuru

Parties: Jackson Waigwa Mundia v Peter Maina Maingi

Citation: Jackson Waigwa Mundia V Peter Maina Maingi [2016] eKLR

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Joseph Ngigi Ibare V Myovi James & Another [2016] eKLR

Case Number: Miscellaneous Application 179 of 2015 Date Delivered: 28 Jan 2016

Judge: Janet Nzilani Mulwa

Court: High Court at Nakuru

Parties: Joseph Ngigi Ibare v Myovi James & Paul Gakuo Mureithi

Citation: Joseph Ngigi Ibare V Myovi James & Another [2016] eKLR

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Cyrus Nyongesa Simiyu V Concepts African Limited [2016] eKLR

Case Number: Cause 1822 of 2011 Date Delivered: 28 Jan 2016

Judge: Hellen Wasilwa Seruya

Court: Employment and Labour Relations Court at Nairobi

Parties: Cyrus Nyongesa Simiyu v Concepts African Limited

Citation: Cyrus Nyongesa Simiyu V Concepts African Limited [2016] eKLR

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Lawrence Mwangi T/A Mwangi & Co. Advocates V John Mathiaka Kimundu [2016] eKLR

Case Number: Miscellaneous Appeal 100 of 2013 Date Delivered: 28 Jan 2016

Judge: Janet Nzilani Mulwa

Court: High Court at Nakuru

Parties: Lawrence Mwangi T/A Mwangi & Co. Advocates v John Mathiaka Kimundu

Citation: Lawrence Mwangi T/A Mwangi & Co. Advocates V John Mathiaka Kimundu [2016] eKLR

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Synergy Industrial Credit Limited V Tenderwood Industries Ltd, John Speke Mongare & Jane Wahu Karanja [2016] eKLR

Case Number: Civil Case 153 of 2009 Date Delivered: 28 Jan 2016

Judge: Joseph Raphael Karanja

Court: High Court at Kisii

Parties: Synergy Industrial Credit Limited v Tenderwood Industries Ltd, John Speke Mongare & Jane Wahu Karanja

Citation: Synergy Industrial Credit Limited V Tenderwood Industries Ltd, John Speke Mongare & Jane Wahu Karanja [2016] eKLR

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Patrick Kimathi Muchena T/a Arimi Kimathi & Co Advocates V Kenya Post Office Savings Bank [2016] eKLR

Case Number: Miscellaneous Suit 395 of 2009 Date Delivered: 28 Jan 2016

Judge: Fred Andago Ochieng

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Patrick Kimathi Muchena t/a Arimi Kimathi & Co Advocates v Kenya Post Office Savings Bank

Citation: Patrick Kimathi Muchena T/a Arimi Kimathi & Co Advocates V Kenya Post Office Savings Bank [2016] eKLR

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Firoz Sidik & 2 Others V Hasham Ahmed & Another [2016] eKLR

Case Number: Succession Cause 52 of 2015 Date Delivered: 28 Jan 2016

Judge: Abdulhalim H. Athman

Court: Kadhis Court at Mombasa

Parties: Firoz Sidik, Zafar Fakirmohamed, Altaaf Abdulkarim v Hasham Ahmed & Mohamedhussein Ahmed

Citation: Firoz Sidik & 2 Others V Hasham Ahmed & Another [2016] eKLR

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Gateway Insurance Co. Ltd V Simon W. Gakuru [2016] eKLR

Case Number: Civil Appeal 195 of 2005 Date Delivered: 28 Jan 2016

Judge: Janet Nzilani Mulwa

Court: High Court at Nakuru

Parties: Gateway Insurance Co. Ltd v Simon W. Gakuru

Citation: Gateway Insurance Co. Ltd V Simon W. Gakuru [2016] eKLR

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CFC Stanbic Bank V James Maina Kabatha [2016] eKLR

Case Number: Civil Suit 854 of 2009 Date Delivered: 28 Jan 2016

Judge: Fred Andago Ochieng

Court: High Court at Nairobi (Milimani Law Courts)

Parties: CFC Stanbic Bank v James Maina Kabatha

Citation: CFC Stanbic Bank V James Maina Kabatha [2016] eKLR

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Anthony Ngiri Ita V Republic [2016] eKLR

Case Number: Criminal Case 20 of 2014 Date Delivered: 28 Jan 2016

Judge: Bwonwong'a Justus Momanyi

Court: High Court at Embu

Parties: Anthony Ngiri Ita v Republic

Citation: Anthony Ngiri Ita V Republic [2016] eKLR

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Njoki Gicheru Ndiuni V Dadson Githenji Wahome & 3 Others [2016] eKLR

Case Number: Succession Cause 766 of 2010 Date Delivered: 28 Jan 2016

Judge: John Muting'a Mativo

Court: High Court at Nyeri

Parties: Njoki Gicheru Ndiuni v Dadson Githenji Wahome, Mary Muthoni Githenji, Dadson Githinji Stephen & James Gatere Wahome

Citation: Njoki Gicheru Ndiuni V Dadson Githenji Wahome & 3 Others [2016] eKLR

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Hosea Kosgei Yatich V Joseph Kibor Komen [2016] eKLR

Case Number: Probate & Administration Cause 309 of 2011 Date Delivered: 28 Jan 2016

Judge: Kanyi Kimondo

Court: High Court at Eldoret

Parties: Hosea Kosgei Yatich v Joseph Kibor Komen

Citation: Hosea Kosgei Yatich V Joseph Kibor Komen [2016] eKLR

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In Re Estate Of Joseph Lisabushila Itambo (Deceased) [2016] eKLR

Case Number: Succession 24 of 1995. Date Delivered: 28 Jan 2016

Judge: John Mwangi Gachuhi

Court: High Court at Kakamega

Parties: In Re Estate of Joseph Lisabushila Itambo (Deceased)

Citation: In Re Estate Of Joseph Lisabushila Itambo (Deceased) [2016] eKLR

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Iris Properties Limited & Another V City Council Of Nairobi [2016] eKLR

Case Number: Judicial Review 433 of 2009 Date Delivered: 28 Jan 2016

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Iris Properties Limited & Proland Limited v City Council Of Nairobi

Citation: Iris Properties Limited & Another V City Council Of Nairobi [2016] eKLR

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Joseph G Naituli V Egerton University & Another [2016] eKLR

Case Number: Civil Case 6 of 2007 Date Delivered: 28 Jan 2016

Judge: Janet Nzilani Mulwa

Court: High Court at Nakuru

Parties: Joseph G Naituli v Egerton University & James K Tuitoek

Citation: Joseph G Naituli V Egerton University & Another [2016] eKLR

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