https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7386

In re Estate of Awori (Deceased) (Succession Cause 306 of 2008) [2026] KEHC 7386 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7386 (KLR) Republic of Kenya In the High Court at Kakamega Succession Cause 306 of 2008 S Mbungi, J May 25, 2026 IN THE MATTER OF ESTATE OF OLUMU AWORI----------------------(DECEASED) Between Wycliffe Olumi Owuori, Willington Olanga & William Owuori Olum & William Omuori Olum Petitioner and Rose Andeso Obunaka 1st Objector Christine Alukwe Wangaya 2nd Objector Ruling 1.The objector herein filed summons for revocation and or annulment of the grant issued on 27th July, 2023 and a fresh grant be issued to her, Rose Andeso Obunaka. 2.The objector in their grounds and supporting affidavit avers that the proceedings leading to the issuance of the grant were obtained through defective means . 3.According to the objector, the deceased had four families. She avers that the petitioner, in applying for the succession process, failed to disclose all the beneficiaries. 4.She further claimed that the petitioner had failed to include all the deceased properties during the distribution process, such as land parcel No. KISA/Khushikulu/126. 5.The 1st petitioner filed a replying affidavit where he denied the allegation that any beneficiaries was left out and said that the objectors were given enough time by the court but they returned to file a protest. 6.I have looked at the rivalry affidavits. Analysis and determination 7.I have analysed the pleadings, the main issue for determination is whether the court should revoke the grant of letters for administration, and the same should be issued to the applicant. 8.From the analysis above, I do note that the deceased, before his demise, had four wives and several children. Upon his demise, two petitioners applied for a grant of letters of administration, which was issued to them. 9.According to the objectors, some of the property was not listed in the mode of distribution. In the interest of justice, it is only fair that the beneficiaries herein and all the deceased properties are included in the mode of distribution. 10.The non-disclosure of all the beneficiaries from the list and the omission of some parcels from the asset list are clear violations of section 51(2)(g) of the Act and Rule 7(1)(e) of the Probate and Administration Rules, which require the petitioner to disclose all surviving heirs and assets. 11.In Re Estate of Ngengi Muigai (Deceased) [2020] eKLR, the court held that a grant obtained without disclosure of all beneficiaries “amounts to a fraudulent misrepresentation” warranting revocation. The same reasoning applies here. 12.For fairness and equity, all of the deceased's houses ought to be represented in the administration of the estate, and as such, I will allow the objector to be an administrator together with the petitioners. 13.I am satisfied that the allegation of concealment of beneficiaries and property raises important concerns that cannot be ignored, and as such. 14.I will allow the objection and set aside the grant of letters of administration issued to the petitioner and make the following orders;a.The grant of letters of administration issued to the petitioner on 21st June 2023 is hereby revoked;b.A fresh grant of letters of administration shall be issued to both the petitioners, Wycliffe Olumi Owuori, Wellingtone Olanga Owouri and Rose Andeso Obunuka.c.A fresh summons for confirmation shall be filed within 90 days listing all the beneficiaries and all the deceased estate.d.Each party shall bear their own cost, this being a family matter.e.Right of Appeal 30 days.f.Mention 6.7.2026. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA 25th DAY OF MAY, 2026.S.N. MBUNGIJUDGEIn the presence of:-CA: Velma/ZildaParties absent.Court Assistant to upload on the CTS forthwith.