https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11526

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MILIMANI** **SUCCESSION CAUSE NO. 2495 OF 1999** **IN THE MATTER OF THE ESTATE OF MOSES MUNYUA NG’ANG’A ALIAS MUSA MUNYUA NGANGA (DECEASED)** **ELIZABETH NJERI NGANGA......................................OBJECTOR/APPLICANT** **-VERSUS-** **JANE WAMBUI GATHAGE....................... 1st ADMINISTRATOR/RESPONDENT JAMES GACHERU MUNYUA...................2nd ADMINISTRATOR/RESPONDENT** **RULING** **Introduction** 1. Before this Court is a Summons for Revocation of Grant dated 29th May 2024. The Applicant, Elizabeth Njeri Nganga, seeks the revocation and annulment of the Letters of Administration Intestate issued to the Respondents on 13th July 2023. 2. The Applicant’s primary contention is that the deceased died testate and that his estate was fully administered and distributed under a 2003 confirmed grant of probate. She argues that because the property has been transmitted and portions sold to third parties, the current grant is "useless and inoperative" within the meaning of Section 76(e) of the Law of Succession Act. **.** **Factual Background** 1. The deceased, Moses Munyua Nganga, died on 27th July 1999. Initially, a Grant of Probate for his Will was issued to the Executor, Joseph Nganga Boro, on 17th January 2000 and confirmed on 29th September 2003. 2. Following the 2003 confirmation, the Applicant registered portions of land known as LR 1049/12 in her name and, on 28th September 2012, entered into a sale agreement with a third party for a portion excised from LR 1049/18. 3. However, the Respondents have provided judicial records including the typed proceedings revealing that on 7th June 2004, Kamau Ag. J issued an order explicitly setting aside the confirmed grant dated 29th September 2003. 4. The proceedings show that the court was moved because an application for revocation dated 30th March 2001 had been concealed from the confirming judge following the death of the original Executor in 2005 and a period of relative inactivity, the Respondents petitioned for and were granted Letters of Administration Intestate on 13th July 2023. **.** **Issues for determination** 1. Having considered the pleadings and submissions, the Court identifies the following issues for determination: 2. Whether the Applicant has the locus standi to bring this application. 3. Whether the 2023 intestate grant meets the statutory threshold for revocation under Section 76 of the Law of Succession Act. 4. The legal status of property transfers made by the Applicant in 2012 following the 2004 set-aside order. 5. Whether the existence of ABSA Bank Account No. 3801858 justifies the continuation of the current grant. **Analysis and determination.** **8. *On the first issue of whether the Applicant has the locus standi to bring this application.*** The Respondents challenge the Applicant's standing, noting she has purportedly sold her interest**.** As established in ***In*** ***re Estate of Stone Kathuli Muinde (Deceased) [2016] KEHC 3725 (KLR)***, an interested party must claim a right or interest as an "heir or dependant or survivor or beneficiary or creditor". While the Applicant is a beneficiary, her standing to challenge the current grant is compromised by her reliance on a grant that she knew, or ought to have known, had been set aside in 2004. 1. ***On the second framed issue of whether the 2023 intestate grant meets the statutory threshold for revocation under Section 76 of the Law of Succession Act.*** The Applicant argues the current grant is "useless" because the estate is exhausted. However, the power to revoke is discretionary and must be exercised only on sound grounds, as held in Albert ***Imbuga Kisigwa v Recho Kavai Kisigwa [2016] KEHC 1528 (KLR)*** 1. The Respondents have identified an unadministered asset: ABSA Bank Account No. 3801858, with an estimated value of Kshs. 25,000,000***.*** As established in In re Estate of ***Paul Wambua Nzole alias Wambua Nzole (Deceased) (Succession Cause E015 of 2021) [2026] KEMC 78 (KLR)***, a grant remains valid as long as there are assets to be secured for the estate. The existence of substantial liquid funds fundamentally defeats the argument that the grant is "useless" 1. Furthermore, ***In re Estate of Prisca Ong’ayo Nande (Deceased) [2020] KEHC 6553 (KLR)*** clarifies that Section 76 is not a vehicle for grievances relating to the confirmation process; such matters should be addressed through appeal or review. 2. ***On the third issue of the legal status of property transfers made by the Applicant in 2012 following the 2004 set-aside order.*** The Applicant seeks protection under Section 93(1) for her 2012 sales However, *In re Estate of Njiru M’Ndambari (Deceased) (Succession Cause 37 of 2015) [2022] KEHC 9882 (KLR)* holds that Section 93 is not a "panacea for fraudulent dealings" and was intended to protect bona fide purchasers, not to shield those acting on revoked grants. Because the confirmation was set aside in 2004, there was no operative grant in 2012 As held in In the Matter of the ***In re Estate of M’Ajogi M’Ikiugu (Deceased) [2017] KEHC 7348 (KLR),*** any sale of immovable property before confirmation of a grant (or after a confirmation is set aside) is null and void for all purposes. Dealing with estate property under these circumstances constitutes intermeddling under Section 45. 1. ***Finally, on whether the existence of ABSA Bank Account No. 3801858 justifies the continuation of the current grant.*** The Applicant points to the Respondents' delay between 2004 and 2022**.** While In ***In re Estate of Kungu (Deceased) (Succession Cause 2713 of 2002) [2026] KEHC 9224 (KLR)*** the Judgeobserves that extreme delays are unacceptable, a delay by one party does not "sanitize" the statutory illegality of another. The Applicant’s failure to disclose the 2004 set-aside order in her application suggests a lack of candor that precludes equitable relief. **Conclusion** 1. The Court finds that the 2003 confirmation of grant was lawfully set aside in 2004. Consequently, the estate was never legally distributed, and the 2012 sales were conducted without a valid grant. 2. The Applicant has thus failed to establish any ground under Section 76 for the revocation of the 2023 grant. Conversely, the Respondents have proven the existence of unadministered liquid assets that require active management and accountability. 3. I therefore make the following orders: 4. The Summons for Revocation of Grant dated 29th May 2024 is hereby dismissed. 5. The Grant of Letters of Administration Intestate issued to Jane Wambui Gathage and James Gacheru Munyua on 13th July 2023 is upheld. 6. An order is hereby issued directing ABSA Bank Kenya PLC (Karen Branch) to release Bank Statements for Account No. 3801858 from 27th July 1999 to-date to the Administrators. 7. The Administrators are directed to file a full and accurate inventory of all assets, including the current registration status of LR 1049/12, within the next six (6) months of this ruling. 8. The costs of this Application shall be borne by the Applicant. Orders accordingly. Right of appeal 30 days. Dated, Signed and delivered via TEAMS at Nairobi this 28th day of July, 2026. **………………………….** **Hon R. A. Oganyo, Mrs.** **Judge.** **In the presence of:** Court Assistant…...E, Sana Parties called……… Counsel for Applicant…… Counsel for Respondent…….