[2015] KEHC 3598 (KLR)
The court found that the petitioner obtained the grant by fraudulently concealing the existence of other beneficiaries, including the deceased's two wives and several children. The petitioner misrepresented himself as the sole surviving child, omitting material facts essential to the proper administration of the...
Source-derived case information.
- Citation
- [2015] KEHC 3598 (KLR)
- Parties
- Petitioner: Kiprono Siele; Objector: Jennifer Cherono Ngeno; Objector: Richard Kipkoech Siele
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 224 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked
- Judges
- J Karanja
- Legal Topics
- Revocation of Grant, Fraudulent Non Disclosure, Succession Procedure, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiprono Siele
Petitioner
Jennifer Cherono Ngeno
Objector
Richard Kipkoech Siele
Objector
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained fraudulently by concealment of material facts.
- 2 Whether the petitioner failed to disclose all beneficiaries and the polygamous status of the deceased.
- 3 Whether the grant should be revoked under Section 76 of the Law of Succession Act.
Ratio Decidendi
The court found that the petitioner obtained the grant by fraudulently concealing the existence of other beneficiaries, including the deceased's two wives and several children. The petitioner misrepresented himself as the sole surviving child, omitting material facts essential to the proper administration of the estate. The application for revocation was unopposed, and the evidence established that the grant was obtained in violation of Section 76 of the Law of Succession Act. The court held that the concealment of the polygamous status of the deceased and the exclusion of rightful beneficiaries rendered the grant defective and liable to revocation. Accordingly, the court revoked the...
Court Disposition
grant revoked
Orders
- The grant issued on 28th January, 2014 to the petitioner is revoked.
- Costs awarded to the objectors.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
SUCCESSION CAUSE NO. 224 OF 2013
IN THE MATTER OF THE ESTATE OF ALEXANDER KIPSIELE A. NGENO - DECEASED
KIPRONO SIELE...................................PETITIONER
AND
JENNIFER CHERONO NGENO
RICHARD KIPKOECH SIELE.........................................OBJECTOR
R U L I N G
1. The summons for revocation of grant dated 21st February, 2014, was taken out by the objector/applicants as widow and son of the deceased respectively. The two are seeking orders that the grant issued on 28th January, 2014 to the petitioner/respondent be revoked and/or annulled on grounds that:-
(i) The proceedings to obtain the grant were defective in substance.
(ii) The grant was obtained by means of untrue allegation of a fact essential in part of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently.
(iii) The grant was obtained fraudulently by making of a false statement or by concealing from the court of something material to the case.
(iv) The petitioner lied to the court that he was the only surviving child of the deceased and omitted to include the objectors and other beneficiaries all numbering eight (8).
(v) The deceased was a polygamous man with two wives a fact concealed from the court by the petitioner.
2. These grounds are essentially the grounds availed in law for revocation and/or annulment of grant as provided by Section 76 of the Law of Succession Act. They are herein fortified by the averments contained in the supporting affidavit dated 21st February, 2014 deponed by the first objector.
The petitioner did not file any ground of objection and/or response to the application. One Cyrus Wanjeru Mwangi and one Mike Kiptoo Cheplayengi entered appearance in this matter without any indication as to their interest in the estate of the deceased and without filing any supporting or replying affidavit to the application. The two may therefore be described as strangers in this matter as opposed to interested parties. They were represented by a legal counsel at the hearing of the application and purported not to raise any objection to the application.
3. Be that as it may, the subject grant was made by this court on 28th January, 2014, upon a petition presented by the petitioner on the 18th September, 2013, in which he described himself as the sole surviving relative to the deceased and was in fact his only son. This implied that the deceased did not leave behind a widow or widows or any other child.
The grant is yet to be confirmed meaning that the distribution of the estate is yet to be effected.
4. This application remains unopposed and in so far as it indicates that the deceased was married to two women including the first objector and one Petrolina Kikwa Ngeno (now deceased) and that he had several children with both wives, it would follow that the grant was obtained by the petitioner by fraud and concealment of material facts.
Consequently, this application is truly merited and is hereby granted to the extent that the grant be and is hereby revoked with costs to the objectors.
Ordered accordingly.
J.R. KARANJA
JUDGE
25/6/2015
Read and signed this 25th day of June, 2015
In the presence of M/s Munialo holding brief for Mr. Samba and M/s Arunga for Interested Parties.