[2018] KEHC 943 (KLR)
The court found that the respondent, Henry Nkunga Kibundu, obtained the grant of letters of administration by concealing material facts, including his lack of entitlement as a beneficiary and failure to obtain the consent of rightful beneficiaries. The respondent used a chief's letter from a location other than...
Source-derived case information.
- Citation
- [2018] KEHC 943 (KLR)
- Parties
- Applicant: Doris Kagwiria; Applicant: Lucy Kinya; Applicant: Mercy Gakii; Respondent: Henry Nkunga Kibundu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 12 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Revocation of Grant
- Outcome
- grant revoked; fresh grant issued to applicant; resultant transactions annulled
- Legal Topics
- Revocation of Grant, Succession Procedure, Fraudulent Concealment, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Kagwiria
Applicant
Lucy Kinya
Applicant
Mercy Gakii
Applicant
Henry Nkunga Kibundu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration to the respondent was obtained fraudulently by concealment of material facts.
- 2 Whether the respondent was entitled to inherit from the estate of the deceased.
- 3 Whether the proceedings in Maua Succession Cause No. 49 of 2016 were defective and conducted without the knowledge or consent of rightful beneficiaries.
Ratio Decidendi
The court found that the respondent, Henry Nkunga Kibundu, obtained the grant of letters of administration by concealing material facts, including his lack of entitlement as a beneficiary and failure to obtain the consent of rightful beneficiaries. The respondent used a chief's letter from a location other than where the deceased resided, died, and was buried, and did not involve the applicants, who were the deceased's children and had priority in succession. The proceedings in Maua Succession Cause No. 49 of 2016 were therefore defective, fraudulent, and in violation of the Law of Succession Act and Probate and Administration Rules. The court held that the grant was liable to revocation,...
Court Disposition
grant revoked; fresh grant issued to applicant; resultant transactions annulled
Orders
- The grant made to Henry Nkunga Kibundu on 18th October 2016 and confirmed on 5th October 2017 is revoked.
- All resultant transactions from the revoked grant are annulled.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC SUCCESSION CAUSE NO. 12 OF 2018
(IN THE MATTER OF THE ESTATE OF HELLEN KAUKO M’KIUNGA (DCD)
DORIS KAGWIRIA ……..…………………………………………………. 1ST APPLICANT
LUCY KINYA ……………………………………………………………… 2ND APPLICANT
MERCY GAKII …………………………………………………………….. 3RD APPLICANT
VERSUS
HENRY NKUNGA KIBUNDU ……………..……………………………….. RESPONDENT
RULING
HENRY NKUNGA KIBUNDU was an Administrator of the in-estate of the deceased herein Hellen Kauko M’Kiunga on 18th October, 2016. The grant was confirmed on 27th October 2017 devolving the whole L.R. NYABENE/ANTUBETWE/NJOUNE/3319 to himself in Maua CMC Succession Cause No. 49 of 2016.
By an application dated 26/2/2018 Doris Kagwiria, Lucy Kinya and Mercy Gakii sought that grant made to Henry Nkunga be revoked for reasons Maua Succession cause no. 49 of 2016 was filed secretly and without their knowledge, that the proceedings were defective and substituted grant was obtained fraudulently by concealment of malicious facts that the said Henry Nkunga was not entitled to inherit from the deceased: that the administrator misled the court that he was sole beneficiary contrary to orders issued on case Misc Succ App No. 71 of 2014.
In consideration of the information obtained from Maua CMC Misc Succ Cause No. 71 of 2014 showing the Respondent herein cited the applicants to take out Letters of Administration to the estate of their late mother giving names of beneficiaries.
Taking in consideration that Respondent used letter from Chief of another location to petition for the Letters of Administration instead of Chief of Kiengu Location where the deceased resided, died and was buried.
Considering also that the respondent did not obtain consent to file petition or even apply for confirmation of grant from beneficiaries who stood in position of priority to him, this court find that grant made to him on 18th October 2016 and confirmed on 5th October 2017 was defective in substance, fraudulent and obtained by concealment of material facts that he was in fact not a beneficiary to the estate of the deceased but an alleged creditor.
His claim to the estate is disputed by the applicants and therefore will require verification. The grant made is hereby revoked consequent and/or resultant transactions annulled.
Proprietorship of L.R. NYABENE/ANTUBETWE/NJOUNE/3319 will revert to the names of the deceased.
The grant in Maua CMC Succession cause o. 49 of 2016 is hereby made to Doris Kagwira.
Doris Kagwiria and her siblings to file application for confirmation and distribution in the Maua Court file within 14 days for purposes of confirmation and closure of the file.
HON. A. ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 22ND DAY OF NOVEMBER, 2018
IN THE PRESENCE OF:
C/A – Kinoti
Applicants – present in person
M/s Mutembei & Kimathi Advocates for Respondent – N/A
Respondent – present in person.
HON. A. ONG’INJO
JUDGE
22/11/2018