https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/211

In re Estate of Mweiga (Deceased) (Succession Appeal E264 of 2024) [2026] KEMC 211 (KLR) (1 July 2026) (Judgment) Neutral citation: [2026] KEMC 211 (KLR) Republic of Kenya In the Nyeri Law Courts Succession Appeal E264 of 2024 MM Gituma, SRM July 1, 2026 IN THE MATTER OF THE ESTATE OF SAMUEL MUTHEE SILAS MWEIGA (DECEASED) Between James Kinyua Nyawira (Suing As The Legal Representative Of The Estate Of Esther Nyawira Githui - Deceased) Applicant and Rebecca Wangu Muthee Petitioner Judgment 1.By way of an application dated 27th April 2026, the Applicant seeks the following orders:a.The grant made on 12th June 2025 and confirmed on 17th December 2025 be revoked.b.That any transmission registered in title number L.R No. Naromoru/Block I/Ragati/2151 pursuant to the grant hereof be cancelled and the name of the deceased Samuel Muthee Slias Mweiga be reinstated.c.That the costs thereof be paid by the Respondent.The application is premised on the grounds therein and those in the Supporting Affidavit of the Applicant sworn on 27th April 2026. 2.The Applicant avers that the administrator/Respondent concealed from the court that the deceased was survived by her daughter one Esther Nyawira Githui. Thus, the grant was obtained by making a false statement and concealment of a material fact. 3.The Applicant describes himself as a grandchild to the deceased herein. He explains that the deceased was the father to one Esther Nyawira Githui and one Richard Kamiru Muthee. The Respondent was the wife to the deceased. The Applicants states that the Respondent failed to disclose the existence of Esther Nyawira Gitui while filing the cause herein thus denying her a share to the estate. 4.The Applicant laments that the deceased had settled one Esther Nyawira Githui on land parcel no. L.R No. Naromoru/Block 1/Ragati/2151 before his death and she had been living on the said land with her family. He claims that the Respondent distributed the land to herself while aware of this. Further, the Respondent failed to disclose the existence of L.R No. Tigithi/Naromoru West Block I/809 (Kamugama) and an account held at Equity Bank which belong to the deceased and ought to have been among the properties distributed in this cause. 5.The Applicant opines that the Respondent took advantage of the disability of Esther Nyawira to disenfranchise her. Additionally, the actions of the Respondent warrant revocation of the grant issued and confirmed and any transaction done should be cancelled and the estate revert back to the deceased for purposes of distribution. The Determination 6.The main issue that arises for determination is whether the grant of letters of administration issued on 12th June 2025 and confirmed on 17th December 2025 should be revoked. Section 76 of the Law of Succession Act provides for revocation of grant. It reads as follows:76.Revocation or annulment of grant A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—(a)that the proceedings to obtain the grant were defective in substance;(b)that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;(c)that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently;(d)that the person to whom the grant was made has failed, after due notice and without reasonable cause either-(i)to apply for confirmation of the grant within one year from the date thereof, or such longer period as the court order or allow; or(ii)to proceed diligently with the administration of the estate; or(iii)to produce to the court, within the time prescribed, any such inventory or account of administration as is required by the provisions of paragraphs (e) and (g) of section 83 or has produced any such inventory or account which is false in any material particular; or (e) that the grant has become useless and inoperative through subsequent circumstances. 7.The Applicant states that the grant and subsequent confirmation of the grant was based on concealment of material facts by the Respondent/Petitioner. Specifically, the Applicant claims that the Respondent/Petitioner failed to disclose the existence of one Esther Nyawira Githui who was a daughter to the deceased. According to the Applicant, this failure made the proceedings defective hence the grant should be revoked. 8.I have perused the file herein. I note that there is a Chief’s letter dated 23rd December 2023. The said letter states that the deceased was survived by the following beneficiaries:a.Rebecca Wangu Muthee - the Petitioner/Respondent who was the deceased’s wife.b.Esther Nyawira Githui - daughterc.Richard Kamiru Muthee - son 9.Clearly, the Respondent/Petitioner did not fail to disclose the existence of Esther Nyawira Githui as she was listed as beneficiary in this cause. Be that as it may, at the point of confirmation of the grant, specifically, during the proceedings for confirmation of grant on 17th December 2025 and in the summons for confirmation of grant it was indicated that one Esther Nyawira Githui was deceased. This is confirmed by the copy of the death certificate attached to the application herein by the Applicant. 10.During the proceedings for confirmation, Mr. C. M Kingori, Counsel for the Petitioner/Respondent told the court that Esther Nyawira Githui was not survived by any children. The court proceeded to confirm the said grant based on this confirmation. However, it would appear that this was false as the Applicant herein is the son to one Esther Nyawira Githui. As such the Respondent was duty bound to disclose the children of Esther Nyawira Githui as they are beneficiaries to this estate. The courts have held that grandchildren have no right to inherit their grandparents’ estate. However, where the parents of the grandchildren are deceased, the grandchildren can step into the shoes of their parents and inherit from their grandparents. In the Matter of the estate of Veronica Njoki Wakagoto (Deceased) [2013] KEHC 1930 (KLR), Justice Musyoka observed as follows:“Under Part V, grandchildren have not right to inherit their grandparents who die intestate after 1st July 1981. The argument is that such grandchildren should inherit from their own parents. This means that the grandchildren can only inherit their grandparents’ indirectly through their own parents, the children of the deceased. The children inherit first and thereafter grandchildren inherit from the children. The only time grandchildren inherit directly from their grandparents is when the grandchildren’s own parents are dead. The grandchildren step into the shoes of their parents and take directly the share that ought to have gone to the said parents.” 11.In this case, the child/children of Esther Nyawira Githui are beneficiaries to the estate as they step into the shoes of their deceased mother for purposes of inheriting their grandfather’s estate. I therefore find that the Respondent/Petitioner failed to disclose the child/children of Esther Nyawira Githui. This amounts to concealment from the court of something material and warrants revocation of the grant. 12.I also note that the Applicant claimed that there are properties that were left out by the Respondent/Petitioner during the distribution of the estate i.e L.R No. Tigithi/Naromoru West Block I/809 and an account held at Equity Bank belonging to the deceased. The Applicant attached a search certificate for the land and a card with bank details to show that both properties belonged to the deceased. These properties should be included in the list of properties for the estate. 13.As for the allegation that the Respondent/Petitioner sold a parcel of land belonging to the deceased before obtaining the grant, I find that this allegation was not proved by the Applicant. The Applicant claimed that a copy of the search certificate for the said land had been attached to the application and marked as JKN 5. However, upon perusal of the annexed documents, the search certificate provided is for L.R No. Tigithi/Naromoru West Block I/809 which is said to have been left out. Further, there was no evidence provided by the Applicant to show that the Respondent/Petitioner had sold any property. 14.For these reasons, the application succeeds only on the aspect of revocation of the grant. Orders will be issued as follows:a.An order be and is hereby issued that the grant of letters of administration intestate to the estate of Samuel Muthee Silas Mweiga (deceased) granted to Rebecca Wangu Muthee on 12th June 2026 and confirmed on 17th December 2025 is hereby revoked.b.An order be and is hereby issued directing the Land Registrar, Nyeri to rectify the register by cancelling any transmission on L.R No. Naromoru/Block I/Ragati/2151 and have the title revert to the deceased’s name.c.The Applicant shall have costs of the application. DATED, SIGNED, AND DELIVERED IN NYERI ON THIS 1ST DAY OF JULY, 2026.M.M GITUMASENIOR RESIDENT MAGISTRATEIn the presence of:…………………………………………………Applicant…………………………………………………Respondent/Petitioner…………………………………………………Court Assistant