[2025] KEHC 6995 (KLR)
The court found that the original administrators could no longer act: two had died and the third was medically unfit. The applicants provided sufficient documentary evidence, including death certificates and a medical report, to support these facts. All beneficiaries appeared before the court and consented to the...
Source-derived case information.
- Citation
- [2025] KEHC 6995 (KLR)
- Parties
- Applicant: George Wainaina Ng’ang’a; Applicant: Ishumael Kibuku Ng’ang’a; Respondent: Njeri Ng’ang’a (A); Respondent: Njeri Ng’ang’a (B); Respondent: James Mwando Ng’ang’a
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 241 of 1994
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant and Appointment of New Administrators
- Outcome
- Summons for revocation of grant allowed; previous grant revoked; fresh grant issued and confirmed to applicants as new administrators; costs to be met by the estate.
- Judges
- HI Ong'udi
- Legal Topics
- Revocation of Grant, Appointment of Administrators, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Wainaina Ng’ang’a
Applicant
Ishumael Kibuku Ng’ang’a
Applicant
Njeri Ng’ang’a (A)
Respondent
Njeri Ng’ang’a (B)
Respondent
James Mwando Ng’ang’a
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant and Appointment of New Administrators
Legal Issues
- 1 Whether the grant of letters of administration issued on 17th May, 2000 should be revoked due to the death and incapacity of the original administrators.
- 2 Whether a fresh grant of administration should be issued to the applicants as proposed by the beneficiaries.
Ratio Decidendi
The court found that the original administrators could no longer act: two had died and the third was medically unfit. The applicants provided sufficient documentary evidence, including death certificates and a medical report, to support these facts. All beneficiaries appeared before the court and consented to the revocation of the previous grant and the appointment of the applicants as new administrators. The court held that, in accordance with Section 76 of the Law of Succession Act, the circumstances warranted revocation of the previous grant and issuance of a fresh grant to the applicants. The court further confirmed the new grant in accordance with the proposed mode of distribution...
Court Disposition
Summons for revocation of grant allowed; previous grant revoked; fresh grant issued and confirmed to applicants as new administrators; costs to be met by the estate.
Orders
- The grant of letters of administration issued to Njeri Ng’ang’a “A”, Njeri Ng’ang’a “B” and James Mwando Ng’ang’a on 17th May, 2000 is hereby revoked.
- A fresh grant of letters of administration to be issued to George Wainaina Ng’ang’a and Ishumael Kibuku Ng’ang’a.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of the Late Ishmael Nganga Kibuku - (Deceased) (Succession Cause 241 of 1994) [2025] KEHC 6995 (KLR) (28 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6995 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 241 of 1994
HI Ong'udi, J
May 28, 2025
IN THE MATTER OF THE ESTATE OF THE LATE ISHMAEL NGANGA KIBUKU - (DECEASED)
In the matter of
George Wainaina Ng’ang’a
1st Applicant
Ishumael Kibuku Ng’ang’a
2nd Applicant
Ruling
1. This ruling is in respect of the summons seeking revocation of the grant confirmed on 13th July, 2012 following the death of Njeri Ng’ang’a “B” and James Mwando Ng’ang’a who were two (2) of the three administrators. The 3rd administrator “Njeri Ng’ang’a (A)” is elderly and mentally unfit and cannot be able to proceed to administer the estate.
2. The Applicants are seeking for a fresh grant of administration and certificate of grant to be issued to them ie George Wainaina Ng’ang’a and Ishumel Kibuku Ng’ang’a.
3. A joint affidavit was filed by the applicants with a proposed mode of distribution at paragraph 9 of the said affidavit. Also annexed to the affidavit are two death certificates in respect of James Mwando Ng’ang’a and Njeri Nganga plus a doctor’s letter date 13/12/2024 in respect of Njeri Nganga “B” ID No. 2327339 who is elderly (born in 1927). The doctor found her to be medically unfit and even unfit to carry out any administrative family issues. (GWN/KNI 2 & 3).
4. Beneficiaries: Mary Wanjiru ID No. XXXXXXX; George Wainaina ID No 2326832; Ishumael Kivuku Ng’ang’a ID No. XXXXXXX; James Mburu Ng’ang’a ID No. XXXXXXX and James Kagwe Ng’ang’a ID No. XXXXXXX appeared before this court and said they supported the summons for revocation of the grant and appointment of the Applicants as the new administrators.
5. After due consideration of the summons filed herein and upon hearing all the beneficiaries I find the summons to be merited and I allow it and order that:i.The grant of letters of administration issued to: Njeri Ng’ang’a “A”; Njeri Ng’ang’a “B” and James Mwando Ng’ang’a on 17th May, 2000 is hereby revoked. A fresh grant to be issued to George Wainaina Ng’ang’a and Ishumael Kibuku Ng’ang’a.ii.The fresh grant issued is hereby confirmed in terms of paragraph 9 of the Applicants’ joint affidavit sworn on 3rd March, 2024 and the consent by the beneficiaries dated 17th February, 2025. iii.Costs to be met by the estate.
6. Orders accordingly
DELIVERED, DATED AND SIGNED THIS 28THDAY OF MAY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE