In re Estate of Stephen Kimani Gachanga (Deceased) (Probate & Administration 32 of 2019) [2026] KEHC 29 (KLR) (12 January 2026) (Ruling)

In re Estate of Stephen Kimani Gachanga (Deceased) (Probate & Administration 32 of 2019) [2026] KEHC 29 (KLR) (12 January 2026) (Ruling)

The applicant failed to demonstrate discovery of new and important evidence, mistake or error apparent on the face of the record, or any other sufficient reason to warrant review or revocation of the grant. Alleged indolence by counsel was unsupported by evidence of complaint or disciplinary action. The delay in administration was not solely attributable to the respondent, and the death of a co-administrator is not a basis for revocation of grant.

Citation
[2026] KEHC 29 (KLR)
Parties
Objector/applicant: Lilian Njeri Njehia; Administrator/respondent: Serah Wambui Gachanga; Administrator/respondent: Eliud Kibiu Kimani
Court
High Court
Jurisdiction
Kenya
Judgment Date
12 January 2026
Case Number
Probate & Administration 32 of 2019
Procedural Posture
Probate and Administration / Ruling on Applications for Review and Revocation of Grant
Outcome
Applications dismissed with costs to the respondents.
Legal Topics
Revocation of Grant, Review of Court Orders, Estate Administration, Beneficiary Rights
Source Language
English
Succession Law Civil Procedure Revocation of Grant Review of Court Orders Estate Administration Beneficiary Rights

Case Brief

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Parties

Lilian Njeri Njehia

Objector/applicant

Serah Wambui Gachanga

Administrator/respondent

Eliud Kibiu Kimani

Administrator/respondent

Procedural Posture

Probate and Administration / Ruling on Applications for Review and Revocation of Grant

Legal Issues

  1. 1 Whether the court should review or vary its orders dated 8th August 2024
  2. 2 Whether the grant confirmed on 8th August 2024 should be revoked or annulled

Ratio Decidendi

The applicant failed to demonstrate discovery of new and important evidence, mistake or error apparent on the face of the record, or any other sufficient reason to warrant review or revocation of the grant. Alleged indolence by counsel was unsupported by evidence of complaint or disciplinary action. The delay in administration was not solely attributable to the respondent, and the death of a co-administrator is not a basis for revocation of grant.

Court Disposition

Applications dismissed with costs to the respondents.

Orders

  • Interim orders dated 17th December 2024 vacated.
  • Administrator to conclude distribution within six months from the date of ruling.