This archive report was first published on 27 November 2019.
November 27, 2019
Eric Mwonya's father passed away last year, leaving behind a succession case that has been delayed due to his lawyer's negligence.
The lawyer, who represents Eric's mother, was supposed to file the case in court but has been making excuses, claiming that the date has been moved.
Eric is now seeking legal advice on whether he can sue his lawyer for negligence, which has caused him financial losses.
The succession case involves Mumias Sugar shares, which are now under receivership due to the lawyer's delay.
Eric is worried that he will not be able to sell the shares, which could have generated significant income for his family.
He is seeking guidance on whether he can seek damages from his lawyer for her negligence.
The law of succession is a complex process that involves the transfer of property after a person's death.
There are two scenarios: testate succession, where the deceased has a will, and intestate succession, where the deceased dies without a will.
Intestate succession involves a court process, where the rules of intestacy are applied to determine who inherits the property.
The process commences with completing Probate and Administration forms and attaching certified copies of the deceased's death certificate, applicant's identity card, and other documents.
The documents are then filed in court, and appropriate fees are paid, including gazettement fees.
Afterwards, the succession notice is published in the Kenya Gazette, and if no objection arises within 30 days, grant of letters of administration is issued six months after gazettement.
As a professional society, lawyers are expected to observe a strict code of professional conduct while dealing with clients.
A breach of this code of conduct amounts to professional misconduct, and an aggrieved person is entitled to redress.
The redress is tripartite: lodging a complaint with the Law Society of Kenya, filing a suit in a court of law, or seeking intervention through alternative dispute resolution approaches.
