6.Regarding Locus standi, in the case of Joseph Muriuki Kithinji v Peterson Ireri Mwaniki & 3 Others (2021) eKLR the court inter alia stated:-
7.In re-Estate of John Karani Keberenge (Deceased)(2018) eKLR it was stated:-18.In the Kenyan context, a personal representative is defined in section 3 of the Law of Succession Act (Cap 160) as follows;An executor is defined in the same section to mean the person to whom the execution of the last will of the deceased person is confided whereas an administrator is defined as a person to whom a grant of letters of administration has been granted.19.In the case of Trouistik International Union and Ingrid v Jane Mbeyu & Another Civil Appeal No 145 of 1990  eKLR, the Court of Appeal made the following observations in respect of a person’s legal capacity to undertake legal proceedings on behalf of a deceased person;20.The court has noted that despite this objection having been raised in the replying affidavit of the 2nd interested party filed way back on June 13, 2014, the applicant has not been able to demonstrate that he is either an executor or administrator of the deceased, Kariuki Ngari. The court consequently finds and holds that the applicant has no legal capacity to commence or prosecute legal proceedings before this court. The instant application for judicial review is therefore incompetent.”
8.It is clear from the above cases that the issue of locus standi is a question of law capable of determining this suit preliminarily.
9.The instant suit/proceedings are challenged on among other grounds the ground that the ex parte applicant lacks locus standi to institute the suit/proceedings as he is not the administrator/legal representative of the estate of the late Richard Githaiga Mwangi, the deceased.
10.The answer to the issue as to whether or not the ex parte applicant is the administrator/legal representative of the estate of the deceased is found in paragraphs 2, 5 and 7 of the verifying sworn by the ex parte applicant on November 16, 2018 and filed on November 22, 2018. In those paragraphs the ex parte applicant deposed as follows:-
11.From the above averments, there cannot be any doubt that the ex parte applicant is not the administrator of the estate of the deceased person herein.
12.On the strength of the authorities cited herein above which authorities I have no reason to differ or depart from, I agree with the respondent that the ex parte applicant lacks locus standi to bring and prosecute this suit.
13.As was observed in the case of re-Estate of John Karani Keberenge supra, the legal import of the foregoing determination is to render the suit incompetent and fatally defective. Consequently, I uphold the PO and dismiss the notice of motion dated December 5, 2018 with costs to the respondent.