https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11289

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KITALE** **SUCCESSION CAUSE NO.253 OF 2011** **IN THE MATTER OF THE ESTATE OF JOHNSON WANJUSI WAMURA – DECEASED** **REUBEN NYANGESO OKUCHEGE….PETITIONER/RESPONDENT** **VERSUS** **GRACE IREDI…………………………………OBJECTOR/APPLICANT** **JUDGMENT** 1. This cause relates to the estate of the late Johnson Wanjusi Wamura (deceased) who died on 2-8-1992 within Trans Nzoia County. 2. The deceased died intestate and left behind the following children; 3. ***Isaac Iraru Wanjusi*** 4. ***Peter Ipale Etyang (deceased)*** 5. ***Selah Ikure Okochet*** 6. ***Ludia Alungatu Ojuma*** 7. ***Grace Irede*** 8. ***Rael Ngwalaji*** 9. ***Mary Amonding and*** 10. ***Melsa Idionyi*** 11. The petitioner in this cause Reuben Nyangeso Okuchege who is a grandson to the deceased in this cause and a son to Enos Okuchege (deceased) applied for a grant of letters of administration and was issued with the grant on 10-2-2012. It is apparent from the petition filed herein that he described himself as a son to the deceased which of course was misleading but that is not the issue here. 12. The grant was confirmed on 25-1-2012 and the estate comprising that parcel of land known as Trans-Nzoia/Sinyerere/91 measuring 23 acres was distributed as follows; 13. **Isaac Iraru Wanjusi – 5.3acres** 14. **Peter Ipale Etyanga - 5.3acres** 15. **Reuben Nyangeso Okuchege – 8.1acres** 16. **Selah Ikure Okochet – 1.8acres** 17. **Kelvnne Beather Nasimiyu – 1acre** 18. **Nelson Ijaka Oearo - 1.5acres** 19. The administrator later moved this court vide an application for rectification of grant dated 25-11-2025. The grounds for rectification are that some of the beneficiaries were not in Kenya and had returned making it necessary to rectify the grant to include them. He proposed the rectification to be carried out as follows; 20. **Isaac Iraru Wanjusi -3.3acres** 21. **Peter Ipale Etyang -2.8acres** 22. **Reuben Nyangeso Okuchege -11.1acres** To hold in trust for **George Oteba,** **Geoffrey Oteba** and **Jonathan Wanjusi.** 1. **Abel Giriman -1.8acres** 2. **Kelvinne Beather Nasimiyu -1acre** 3. **Peter Omonya -1.5acres** 4. **Grace Iredi -1.5acres** 5. **Tea collection Centre Banda Nane -0.1acre** 6. The application for rectification met resistance from Grace Iredi who maintained that the deceased had given her 2 acres and applied vide application dated 25-2-2026 to be given 2 acres of the estate. 7. The issue before court therefore is whether rectification of distribution of the estate should be allowed and to what extent. 8. At the hearing of this matter the petitioner justified his proposal to take lion’s share of the estate on account that he incurred costs in filing the succession cause. When pressed to state how much he spent, he was unable to tell how much. He however maintained that the share he was proposing to have was to be held in trust for himself and his siblings George Oteba, Geoffrey Oteba and Jonathan Wanjusi. 9. He stated that Abel Giriman is a grandson and son of John Otwane. He further stated that Kelvinne Nasimyu is a purchaser who purchased 1 acre from the deceased. That Peter Omonya also purchased his share from the deceased. He further stated that the deceased had given out 0.1acre for Tea Centre. He denied the claim by Grace Iredi that she is entitled to 2 acres. 10. Isaac Iraru Wanjusi, a son to the deceased testified that the petitioner was a nephew and had no objection to the proposals made. 11. Grace Iredi Onyango, a lady quite advanced in age testified and shade light on the actual surviving children of the deceased. She stated that the deceased herein was her father and that the deceased had 13 children but the surviving ones are as follows; 12. **Herself** 13. **Ludia Alungata Ojuma** 14. **Mela Idionyi** 15. **Mary Amoding** 16. **Isaac Iraru Wanjusi and** 17. **Rael Ngwalaji** 18. She stated that she was opposed to the proposal made by the administrator and maintained that all she wants is 2 acres she has been occupying. 19. Ludia Alunganta Ojuma on her part testified that she is the first born in the family. She stated that the estate should be distributed to the children of the deceased and not the grandchildren. She stated that Isaac Iraru Wanjusi was adopted by the deceased and he is like a child to the deceased because his father died and was born to the deceased family. She clarified that she was not claiming any share but insisted that the estate be divided among the 5 children of the deceased adding that it was not fair for the grandchildren to chase away Grace Iredi who is her sister and daughter to the deceased. 20. This court has considered the application for rectification and the application by Grace Iredi. 21. It is quite obvious from the evidence placed before this court that the administrator herein, Reuben Nyangeso Okuchege appears to have taken advantage of the illiteracy and social background of the children of the deceased to try to get a bigger share of the estate and in the process trampled upon the rights of deceased children and particular Grace Iredi, when he petitioned for grant of letters of administration of the estate herein. He described himself as a son to the deceased which was misleading because he is a grandson to the deceased. He also concealed some material facts particularly the existence of the daughters of the deceased who have been listed during the hearing of this matter. 22. In the premises and for that reason this court finds that it is in the interest of justice to on its own motion invoke the provisions of Section 76 of Law of Succession Act which I hereby do by revoking the grant issued on 10-2-2022 because the same was obtained by concealment and misrepresentation by the petitioner. Section 76 of the Law of Succession Act provides as follows; ***“A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—*** ***(a)that the proceedings to obtain the grant were defective in substance;*** ***(b)that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;*** ***(c)that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently.”*** 1. The facts or the evidence placed before me clearly show that the above grounds do exist in this cause and this court cannot close its eyes on clear breaches of the law. In order to put things right, a fresh grant is hereby issued to Grace Iredi Onyango and Ludia Alungata Ojuma who are the surviving children of the deceased. The two shall jointly administer the estate by distributing it to the beneficiaries. 2. On the question of distribution, this court does not wish to cause unnecessary frictions in the family. This court also being guided by the Provisions of Article 159(2)(d) of the Constitution and Section 38 of Law of Succession Act will try to administer justice fairly and equitably by distributing the estate to all the beneficiaries. The estate comprises property known as Trans-Nzoia/Sinyerere/91 measuring approximately 23acres. 3. This court was informed that there are two purchasers who purchased their portions from the deceased. Kelvinne Beather Nasimyu (1acre) and Peter Omonya (1.5acres). Besides that there is 0.1acre donated to a Tea Collection Centre. 4. When the above is factored the remaining acreage for distribution is about 21.4acres. 5. The petitioner in his proposal had indicated that he is taking a lion’s share of the estate because he incurred costs of filing the succession cause but he could not tell how much when he was pressed to explain during trial. The allegations of spending some unspecified amount are not proven and in any event such a reason cannot be a basis to get more in the distribution of an estate save where the beneficiaries are in agreement. The 2 beneficiaries who came to this court disputed that fact and this court finds no basis in law or fact to sustain the petitioner’s proposal. 6. This court finds that save for Grace Iredi, the other daughters of the deceased including Ludia Alungata have not staked any claim in the estate of their father. So in order to foster harmony in the family this court will only go by the proposals or prayers made in court. 7. The estate of the deceased comprised in Trans-Nzoia/Sinyerere/91 will therefore be distributed as follows; 8. ***Isaac Iraru Wanjusi -4acres*** 9. ***Grace Iredi Onyango -4acres*** 10. ***Abel Giriman -4acres*** 11. ***Reuben Nyangeso Okuchege*** ***George Oteba 4acres equally*** ***Geoffrey Oteba*** ***Jonathan Wanjusi*** 1. ***Family of Peter Ipale Etyang – 4acres*** 2. ***Kelvinne Beather Nasimiyu -1acre*** 3. ***Peter Omonya -1.5acres*** 4. ***Tea Collection Centre Banda Nane -0.1acre*** 5. In order to bring an end to this matter I will direct the administrators to get a surveyor and go to the estate in company of police security to be provided by local police station in order to demarcate the estate and place beacons on the respective portions of each beneficiary. I direct the surveyor to as much as possible and practical factor in where the beneficiaries have put up houses. I will make no order as to costs but the surveyor’s fees shall be paid by all the beneficiaries as per their share of the estate. **DELIVERED, DATED** and **SIGNED** at **KITALE** this **……23rd.…** day of **………………JULY……….……………., 2026.** **HON JUSTICE R.K. LIMO** **KITALE HIGH COURT** ***Judgment delivered in open court*** ***In the presence of*** ***Reuben Nyangeso Okuchege the Petitioner/Respondent*** ***Grace Iredi the Objector/Applicant*** ***Duke/Chemosop – court assistants***