1.At the time of filing this cause, Applicants who are daughters of the deceased stated that deceased was survived by themselves and three other siblings namely Japhet Nyamu M’Mucheke, Naomi Nkirote Nkonge and Bridget Kinanu.
2.Subsequently by application for confirmation dated 22nd October, 2010, Respondents made no provision for Japhet Nyamu M’Mucheke who was by then deceased. They proposed to distribute the estate of eth deceased comprised in LR. Kibirichia/Kibirichia/2925 to themselves and to three others Blessy Mwendwa, Dennis Muriungi and Seventh Day Adventist whose relationship with the deceased was not disclosed.
3.Applicants’ have moved the court for revocation of the grant on the ground that their father Japhet Nyamu M’Mucheke (deceased) who is son of deceased was not provided for.
4.The summons though served on the Respondents on 17th May, 2023 were not opposed.
5.The grounds for revocation of a grant are provided under section 76 of the Law of Succession as follows:
6.Though Japhet Nyamu M’Mucheke was deceased at the time of confirmation of the grant, his estate was entitled to a share of deceased’s estate. By omitting the name of Japhet Nyamu M’Mucheke from the list of beneficiaries and including three others whose relationship with the deceased has not been explained, Respondents acted fraudulently.
7.From the foregoing, the orders that commend to me and which I hereby issue are as follows:1.Certificate of Confirmation of Grant dated 14th May, 2014 is revoked2.Transfer of LR. Kibirichia/Kibirichia/2925 to Mary Nguta Mucheke, Lydiah Karimi Gikunda and Ann Mwari and any subsequent subdivisions that may have arisen therefrom are hereby revoked3.LR. Kibirichia/Kibirichia/2925 shall be reverted to the name of Elizabeth Muchuka Mucheke (Deceased)4.These orders be served on the Respondents5.Mention on 26th October, 2023 to confirm compliance with these orders and for further orders and/or directions6.Costs shall be paid by the Petitioner/ Respondent