https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9008

In re Estate of Wanguru (Deceased) (Probate & Administration E026 of 2025) [2026] KEHC 9008 (KLR) (Family) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9008 (KLR) Republic of Kenya In the High Court at Nyandarua Family Probate & Administration E026 of 2025 KW Kiarie, J June 25, 2026 IN THE MATTER OF THE ESTATE OF: NAOMI GATHONI WANGURU ......... DECEASED Between James Mwaniki Kahinga 1st Objector Zakayo Kariuki Kahinga 2nd Objector Mary Wangari Kahinga 3rd Objector and Naomi Wanjiku Kahinga 1st Petitioner Evan Wanguru Kahinga 2nd Petitioner Elizabeth Wambui Wambugu 3rd Petitioner and Michael Kairu Nguri Intended Interested Party Ruling 1.The applicants herein moved the court by way of summons for revocation of the grant dated the 11th day of February 2025. The application was brought under section 76(a) of the Law of Succession Act & Rules 44(1) & (2) and 73 of the Probate and Administration Rules. They were represented by Muhoro Gichimu & Company Advocates. The application is seeking the following orders:a.That the application he certified as urgent and prayer number 2 here below be granted exparte in the 1st instance.b.That the honourable court be pleased to issue an order restraining the transfer of the parcel of land Nyandarua Oljoro Orok West/ 884 from the intended Interested Party to any other party pending hearing and determination of this application.c.That this Honourable Court be pleased to revoke the Letters of Administration intestate issued to Naomi Wanjiru Kahinga, Evan Wanguru Kahinga & Elizabeth Wambui Wambugu on 4th March 2016 and the consequent certificate of confirmation of grant issued on 8th March 2017 be set aside.d.That the Intended Interested Party be joined as a Party to this Cause.e.That the applicant herein be appointed as joint administrator of the Estate of the deceased together with one other person upon revocation of the Grant.f.That the Land Registrar Nyahururu be ordered to effect cancellation of the Title deeds for LR No. Nyandarua Ol Joro Orok West/884 and the same to revert to the name of the deceased.g.That the costs of this application be provided for. 2.The following grounds supported the application:a.That the grant issued to the respondent was obtained by means of an untrue allegation of fact essential in point of law to justify the grant, notwithstanding that the allegation was made in ignorance or inadvertently.b.That the grant herein was obtained by the respondent by concealment from the court of material facts pertinent to the matter.c.That the proceedings to obtain the grant were defective in substance.d.That the applicant’s 1st and 2nd objector/applicant James Mwaniki Kahinga & Zakayo Kariuki Kahinga are brothers to the petitioners, while the 3rd objector/ applicant is a sister to the petitioners.e.That the respondent deliberately left out the names of the 1st applicant, 2nd applicant, and 3rd applicant and other beneficiaries of the deceased's estate from the list of beneficiaries of the deceased's estate and failed, neglected and/or refused to inform and or involve all the dependents of the deceased in the succession proceedings.f.That the applicants, being brothers and sisters of the petitioners, are entitled to the estate of the deceased in equality with the petitioners. 3.The respondents opposed the application on the following grounds:a.The intended interested party is not a member of the family of the deceased.b.The applicants have not demonstrated that they are beneficiaries of the deceased’s estate.c.The application has no merits. 4.Michael Kairu Nguri, the proposed intended interested party, opposed the application on the following grounds:a.The application is misconceived and bad in law.b.The proposed interested party is opposed to my being made a party in this succession case, for he is not related to Naomi Gathoni Wanguru (Deceased) and did not acquire my land known as Nyandarua / Ol Joro Orok West / 884 by virtue of transmission or through an order of the Succession Court.c.He is the absolute proprietor of Nyandarua/Ol Joro Orok West /884, having innocently purchased it from the registered owners thereof.d.He bought the said land without any encumbrances whatsoever on the register of title and has developed the same for 8 years without any form of objections being raised by anyone. It is illegal, unfair, unconscionable and unjust for the applicants to attempt to distort his right to the said land.e.The applicants are not beneficiaries of the estate of Naomi Gathoni and were not entitled to inherit as of right from her estate.f.There is no explanation given why applicants failed, refused and/or neglected to challenge and object to the issuance of the Grant to the petitioners herein or confirmation of the Grant. However, the same was widely published in the Kenya Gazette, Notice No. 177, dated 15/1/2016.g.The applicants are not beneficiaries of the estate herein and were not known by the local administration because the letter of introduction dated 13/ 10/2015 does not know or recognize them as beneficiaries or related to the deceased. 5.The applicants, who are Naomi Gathoni Wanguru's nephew and niece, have submitted this application regarding her estate. They mentioned that the deceased was unmarried and childless. They claimed that the respondents are their siblings, but did not disclose to the court that the respondents were also entitled to the deceased's estate. 6.In their objection, the respondents did not contest the averment by the applicants that they are siblings. This fact was confirmed by Form P. & A. 5 in the Nyeri Chief Magistrate’s Court Succession Cause number 54 of 2021. Both the applicants and the respondents are listed as siblings. However, Form P. & A. 5 in this matter lists the three respondents as the only nephews and a niece. The grant was therefore obtained by concealment of a material fact. Section 76 (a) and (b) of the Law of Succession Act provides: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; 7.This grant is therefore revoked for concealment from the court of the existence of other eligible beneficiaries. The family has 30 days to agree on the issue of administrators. 8.Though it was not important for the intended party to be enjoined, the applicants did what was prudent to notify him of their intentions. 9.Since this is a family matter, each party will bear its costs. DELIVERED AND SIGNED AT NYANDARUA, THIS 25TH DAY OF JUNE 2026KIARIE WAWERU KIARIEJUDGE