https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12551

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYERI** **SUCCESSION CAUSE NO. 770 OF 2013** **IN THE MATTER OF THE ESTATE OF WANJERU WACHIRA (DECEASED)** **JAMES MACHARIA KIBIRI ...................................................................PETITIONER** **VERSUS** **JOHN MWARARI WANJERU** **MOSES WACHIRA WANJERU** **CHARLES KAMAU WANJERU** **ROWLAND GAKUO WANJERU** **WINNIE WANGARI WANJERU ............................................................OBJECTORS** **R U L I N G** The Notice of motion dated 6th October, 2020 and which is expressed to be brought under section 76 of the Law of Succession and rule 73 of the Probate and Administration Rules of the Law of Succession seek the following orders; 1. Spent. 2. That the Honourable Court be pleased to revoke and or annul the grant issued on 31st March, 2014 and set aside the certificate of confirmation of grant issued on 20th February, 2018. 3. That the Court be pleased to order a stay of execution of the certificate of confirmation of grant dated 30th February, 2018 determining MAHIGA/MUNYAGE/39 pending hearing and determination of this application. The grounds are; 1. That there is a scheduled subdivision of parcel of land MAHIGA/MUNYAGE/39 on 8th October, 2020 which subdivision the objectors learnt on 30th September, 2020 and which is allegedly being done pursuant to a certificate of confirmation of grant issued in this Succession Cause. 2. That the objectors have only learnt of the pending of Succession Cause after being served with a letter for subdivision and that a visit at the Nyeri Land Office revealed that LR. No. MAHIGA/MUNYAGE/39 had been registered to various other persons. 3. That the succession cause is by a stranger who has never resided on the said parcel of land and is not a beneficiary of the Estate of the Deceased. The application is opposed. This matter proceeded to viva voce evidence. The objectors testified that they were not aware of the Succession proceedings until they received letters alluding to subdivision of the land in dispute and that the petitioner is a stranger to the Estate of the Deceased. It is in evidence that sometimes in the year 2013 Gura Power Company Ltd did compensate the petitioner and the objectors to the tune of Ksh. 235,239 in equal shares for a portion of the land in dispute which the company had taken for purposes of building a canal. This amount was shared amongst the petitioners and the applicants. The petitioner has testified that the succession commenced by way of citation. He filed a petition for letters of administration intestate on 24th January, 2014 and there was gazettement on 29th January, 2014. That there was no objection filed and letters of administration were issued on 31st March, 2014. He later filed summons for confirmation of the grant and distributed the Estate to all known beneficiaries including the objectors herein. The summons were duly served severally on the objectors. Though the objectors deny the service, a perusal of affidavits of service clearly show that the objectors were duly served. They cannot be heard to say that they were not aware of the Succession proceedings. I find that there was no concealment of material facts to the court. This protest has no merit and it is dismissed. Each party to bear its own costs. **RULING DELIVERED** virtually this 12th day of May, 2026. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **MARTIN M. MUYA** **JUDGE** **In the Presence of:** Muchiri wa Gathoni – For Petitioner Muhoho Gichimu – For Protestor/Applicant Court assistant – Isack Molu