1.Igweta Turuchiu (Deceased) died sometimes 1969. His estate comprised of LR. Nyaki/mulathankari/472.
2.Letters of Administration were issued on November 3, 2014 to Charles Mugambi (respondent) in his capacity as son of the deceased. Subsequently, by a Certificate of Confirmation of Grant dated September 23, 2015, the estate was distributed solely to the respondent.
3.By summons dated February 16, 2021, Objectors in their capacity as children of deceased pray that the Certificate of Confirmation of Grant dated September 23, 2015 in which the estate was distributed solely to the respondent be revoked for disinheriting them.
4.By his replying affidavit sworn on November 14, 2022, Respondent concedes that objectors are his sisters. He avers that deceased is neither his father nor the objector’s father but was a friend of his late grandfather M’Gwathi Munywa and that he was given the land by the relatives of the deceased for taking care of deceased in his old age.
Analysis and determination
5.I have considered the application in the light of the affidavit evidence on record and the court record.
6.At the time of filing this cause, respondent filed a chief’s letter dated August 25, 2014 in which it is indicated that he is son of the deceased. In all the documents filed in court, respondent pleaded that he was son of deceased. The Letters of Administrating too were issued to him in his capacity as son of the deceased.
8.Flowing from the above, I find that Respondent who has all along pleaded the fact that deceased is his father cannot be allowed to depart from that pleading only for the reason that his sisters have laid a claim to deceased’s estate. The pleading that deceased was only a friend to their grandfather which is at variance with the averments of the pleadings goes to no issue and is hereby disregarded.
11.The expression “any interested party” as used in the foregoing provision, in its plain and ordinary meaning, is in my view wide enough to accommodate any person with a right or expectancy in the estate such as the applicants herein. The applicants who are daughters of the deceased are beneficially entitled to the estate of deceased and on that basis, have locus standi to present the application for revocation of the grant as they have.
12.Petitioner has conceded that he did not notify his sisters that he had filed this succession cause and that he caused the estate to be distributed wholly to himself and this leads to the conclusion that the grant was obtained by the making of a false statement and by concealment from the court of material particulars concerning the existence of the Objectors.
14.In the case of Stephen Gitonga M’Murithi v Faith Ngira Murithi  eKLR, the Court of Appeal noted that Section 38 of the Act enshrines the principle of equal distribution of the net intestate estate to the surviving children of the deceased irrespective of gender and whether married and comfortable in their marriage or unmarried. Also see Rono v Rono & another  1 KLR).
16.Consequently, I find that the Objectors have laid before the court sufficient material to support the application for revocation.
17.From the foregoing, the orders that commend to me and which I hereby issue are as follows:1.Magret Karamana Manyara, Joyce Kaguri Gikundi, Gladys Kamiru, Elizabeth Nkirote, Martha Kairuthi and Harriet Karuru are beneficiaries of deceased’s estate2.Letters of administration issued to the respondent on November 3, 2014 are hereby revoked and Charles Mugambi and Magret Karamana Manyara are appointed joint administrators with an order that Letter of Administration issue to them forthwith3.The Certificate of Confirmation of Grant dated September 23, 2015 in which the estate was distributed solely to the Respondent is revoked and it is directed that LR. Nyaki/mulathankari/472 be reverted to the name of Igweta Turuchiu (Deceased)4.The administrators shall within 45 days of this order apply for confirmation of grant after identifying the respective shares of each beneficiary5.The status quo that obtained prior to the purported distribution conducted by the Petitioner/Respondent shall remain pending the distribution of the estate6.This cause shall be mentioned on October 26, 2023 to confirm compliance with these orders and for further orders and/or directions7.Costs shall be paid by the petitioner/ respondent