[2017] KEHC 5289 (KLR)

Parties

Procedural Posture

Succession Cause / Ruling on Summons for Revocation of Grant

Legal Issues

1. 1 Whether the grant of letters of administration issued to the Petitioner should be revoked due to alleged non-disclosure of beneficiaries and lack of service of citation upon the Objector.
2. 2 Whether the Objector, as mother of the deceased, and other beneficiaries were properly notified and given an opportunity to petition for grant of administration.
3. 3 Whether the Petitioner, as a purchaser/creditor, was entitled to petition for the grant after citation proceedings.

Ratio Decidendi

The court found that the Objector, though initially cited and served, failed to participate in the citation proceedings, resulting in the Petitioner being properly allowed to petition for the grant. The Petitioner, as a creditor, was entitled to apply for the grant after the Objector did not act. However, with the Objector now willing to take up administration and in light of the need to consider the interests of the deceased’s children, the court held that the grant to the Petitioner should be revoked and a fresh grant issued to the Objector. The Petitioner’s claim as purchaser/creditor can be ventilated in subsequent proceedings. The alleged conflict of interest by the Petitioner’s...

Court Disposition

grant revoked; fresh grant to objector; status quo on property; costs to objector

Orders

• The Grant of Letters of Administration Intestate issued to Rabecca Mbithe Mutua on 6/8/2012 is revoked and a fresh grant to be issued in the name of L N G.
• The new Administrator L N G to file fresh Summons for Confirmation of Grant within sixty (60) days and serve upon Rabecca Mbithe Mutua, who may file affidavit of protest if necessary.