In re Estate of Paul Gicheru alias paul Njoroge Gicheru (Deceased) (Probate & Administration 109 of 2023) [2025] KEHC 18589 (KLR) (Family) (18 December 2025) (Ruling)

In re Estate of Paul Gicheru alias paul Njoroge Gicheru (Deceased) (Probate & Administration 109 of 2023) [2025] KEHC 18589 (KLR) (Family) (18 December 2025) (Ruling)

The Further Partial Confirmed Grant was revoked and the proceedings of 31 July 2024 set aside because they were conducted in breach of natural justice, specifically the Applicant’s right to be heard, and were procedurally defective. The Applicant established a prima facie case as a putative beneficiary, and the balance of convenience required preservation of the disputed asset pending determination of the objection.

Citation
[2025] KEHC 18589 (KLR)
Parties
Applicant: Ian Njoroge; 1st Respondent: Ruth Nyambura Wokabi; 2nd Respondent: Allan Njoroge Gicheru; 3rd Respondent: Alvin Kamau Gicheru
Court
High Court
Jurisdiction
Kenya
Judgment Date
18 December 2025
Case Number
Probate & Administration 109 of 2023
Procedural Posture
Probate & Administration Cause / Ruling on Interlocutory Application for Injunction and Revocation of Grant
Outcome
Application allowed
Legal Topics
Revocation of Grant, Interlocutory Injunction, Right to Fair Hearing, Beneficiary Status, Estate Administration
Source Language
English
Succession Law Civil Procedure Revocation of Grant Interlocutory Injunction Right to Fair Hearing Beneficiary Status Estate Administration

Case Brief

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Parties

Ian Njoroge

Applicant

Ruth Nyambura Wokabi

1st Respondent

Allan Njoroge Gicheru

2nd Respondent

Alvin Kamau Gicheru

3rd Respondent

Procedural Posture

Probate & Administration Cause / Ruling on Interlocutory Application for Injunction and Revocation of Grant

Legal Issues

  1. 1 Whether the Further Partial Confirmed Grant issued on 31 July 2024 should be revoked for breach of natural justice and lack of notice to the Applicant
  2. 2 Whether a temporary injunction should issue restraining the sale or dealing with Eldoret Municipality/Block 13/542 pending determination of the Applicant’s objection
  3. 3 Whether the Applicant has established a prima facie case as a beneficiary entitled to protection of the estate

Ratio Decidendi

The Further Partial Confirmed Grant was revoked and the proceedings of 31 July 2024 set aside because they were conducted in breach of natural justice, specifically the Applicant’s right to be heard, and were procedurally defective. The Applicant established a prima facie case as a putative beneficiary, and the balance of convenience required preservation of the disputed asset pending determination of the objection.

Court Disposition

Application allowed

Orders

  • Proceedings and orders of 31 July 2024 set aside for breach of fair hearing.
  • Further Partial Confirmed Grant including Eldoret Municipality/Block 13/542 revoked and annulled.