In Re THE ESTATE OF ELIZABETH WANGUI [2004] KEHC 2423 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

SUCCESSION CAUSE NO. 38 OF 1999

IN THE MATTER OF:         THE ESTATE OF KARANJA HOSSAN BORN

KARANJA also known as ELIZABETH WANGUI

J U D G M E N T

Esther Wamboi Karanja and Wanjiru Karanja Githu petitioned for Letters of

Administration of the Estate of ELIZABETH WANGUI (DECEASED). The relationship

of the deceased and the Petitioners was that of mother and sister. Grant was issued by

this court on 15/3/2001. On 8/3/2002 Jacinta Wangechi and Alice Wanjiru applied for

the revocation of the Grant issued on 15. 3.2001 saying that the Grant was obtained

fraudulently and for other grounds set out on the body of the application. Affidavit in

support is sworn by Jacinta Wangechi. The Grant is not confirmed.

The parties agreed to give oral evidence to support their respective side of the

story. The court has examined the affidavits in support of the application. The dispute

appears to have arisen because the two Petitioners who were issued with the Grant are not

conversant with their duties. The mother Wanjiru Karanja Githu was left to sign all

documents because Esther Wambui Karanja her daughter said she left the matter to her

mother to do everything. I do not find that these two people acted fraudulently but they

were not keeping accounts and do not appear to have safeguarded the estate for the

benefit of all beneficiaries. It is not clear who collects rents and where the money is

deposited. The estate comprises of:-

Plot in Kisauni

Plot in Kongowea

Nissan Matatu KAH 855 S.

Plot at Mkaburini

Plot at Lungalunga

Account with Barclays Bank from which the money appears to have been drawn from the

bank and distributed in a manner that does not please all the beneficiaries.

The method of distribution of estate where the deceased left no will is set out in

the Succession Act, Part V.

I find that all the complainants are entitled to inherit the estate of their deceased

sister according to law.

Regarding the issue of revocation of Grant, Section 76 grants court power to

revoke a grant on its motion.

I am satisfied that the present holders of the Grant are not capable of

administering the estate for the benefit of all beneficiaries. Since the Grant was issued

they have commenced distribution of estate without seeking confirmation of Grant. They

are not taking care of the assets of the estate.

In the circumstances, I do declare the Grant issued on 15/3/2001 null and void and

I hereby revoke the same.

The costs of this application shall be out of the estate.

Further I direct that the estate be handed over to Public Trustee for Administration

at the instance of any one beneficiary.

Dated this 4th day of June, 2004.

JOYCE KHAMINWA

J U D G E