In re Estate of Gilbert Thuo Watoro (Deceased) (Succession Cause 833 of 2015) [2026] KEHC 5364 (KLR) (14 April 2026) (Ruling)

In re Estate of Gilbert Thuo Watoro (Deceased) (Succession Cause 833 of 2015) [2026] KEHC 5364 (KLR) (14 April 2026) (Ruling)

The applicant is not a dependant as per Section 29 of the Law of Succession Act, his mother's share is equitably included, and there is no evidence of exclusion or forgery affecting the grant. No bank records or charges exist as alleged. The criminal investigations are not new and cannot stay succession proceedings. All three applications lack merit.

Citation
[2026] KEHC 5364 (KLR)
Parties
Applicant: Gadson Thuo; 1st Respondent: Priscilla Wambui Karanja; 2nd Respondent: ABSA Bank Kenya PLC
Court
High Court
Jurisdiction
Kenya
Judgment Date
14 April 2026
Case Number
Succession Cause 833 of 2015
Procedural Posture
Succession Cause / Ruling on Three Applications
Outcome
All three applications dismissed as without merit.
Legal Topics
Revocation of Grant, Bank Records Disclosure, Introduction of Additional Evidence, Estate Distribution
Source Language
English
Succession Law Civil Procedure Revocation of Grant Bank Records Disclosure Introduction of Additional Evidence Estate Distribution

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Parties

Gadson Thuo

Applicant

Priscilla Wambui Karanja

1st Respondent

ABSA Bank Kenya PLC

2nd Respondent

Procedural Posture

Succession Cause / Ruling on Three Applications

Legal Issues

  1. 1 Whether the application for revocation of grant has merit
  2. 2 Whether the application against the 2nd Respondent for bank records has merit
  3. 3 Whether the application for introduction of additional evidence has merit

Ratio Decidendi

The applicant is not a dependant as per Section 29 of the Law of Succession Act, his mother's share is equitably included, and there is no evidence of exclusion or forgery affecting the grant. No bank records or charges exist as alleged. The criminal investigations are not new and cannot stay succession proceedings. All three applications lack merit.

Court Disposition

All three applications dismissed as without merit.

Orders

  • Costs granted to the 1st Respondent for the 1st and 3rd applications.
  • Costs granted to the 1st Respondent for the 2nd application.