1.Ikwa Kariginyu alias M’Ikwa Kariginyu (Deceased) died sometimes on 14th March, 2002. Letters of Administration were issued to Tarcisio Riungu Ikwa (Petitioner/Respondent) on 18th May, 2005. Subsequently, deceased’s estate was distributed in terms of the Certificate of Confirmation of Grant dated 13th February, 2017 and was subsequently rectified on 07th March, 2017.
2.By summons dated 06th July, 2023 filed on 14th July, 2023 which is supported by Applicant’s affidavit sworn on 06th July, 2023, Applicant avers that the Petitioner/Respondent caused deceased’s estate in LR. Nkuene/Ngonyi/137 to be portioned into five portions namely LR. Nkuene/Ngonyi/1212 – 2016, sold off LR. Nkuene/Ngonyi/1213, 1214 and 1216 and apportioned LR. Nkuene/Ngonyi/ 1215 which is locked between LR. Nkuene/Ngonyi/1214 and 1216 and is therefore incapable of being distributed to seven beneficiaries of the late Joseph Mwiti M’Ikwa.
3.By his replying affidavit sworn on 04th October, 2023, Petitioner/Respondent confirms that both Benard Kimathi Mstienjawa and Sabastiano Mutembei purchased denies selling LR. Nkuene/Ngonyi/1214 and 1216 respectively and he subsequently sold LR. Nkuene/Ngonyi/1213 to one Samson Kiruguti John. He avers that LR. Nkuene/Ngonyi/1215 is available for distribution to the family of the late Joseph Mwiti M’Ikwa which include the Applicant and denies that any boundary passes through the Applicant’s house. His averments are supported by Applicant’s co-wife Juster Karimi Mungiria in her affidavit sworn on 24th October, 2023
Analysis and determination
4.I have considered the application in the light of the affidavits and submissions filed on behalf of the parties.
5.Under Section 76 Law of Succession, a grant can be revocation either on the application of an interested party or on the court’s own motion where there is evidence that the proceedings to obtain the grant were defective in substance, or that the grant was obtained fraudulently by making of false statement, or by concealment of something material to the case, or that the grant was obtained by means of untrue allegations of facts essential in point of law. (See Jamleck Maina Njoroge v Mary Wanjiru Mwangi  eKLR and re Estate of Prisca Ong'ayo Nande (Deceased)  eKLR.
6.From the affidavit evidence on record, the Applicant has not demonstrated existence of any of the grounds for revocation set out in the foregoing section.
7.Whereas the issue of topography of LR. Nkuene/Ngonyi/1215 which is the portion identified for the family of the late Joseph Mwiti M’Ikwa may be a triable issue, it is nonetheless not a ground for revocation of a grant.
8.In the end, the application dated 06th July, 2023 filed on 14th July, 2023 is considered and found to have no merit and it is disallowed.
9.The family of the late Joseph Mwiti M’Ikwa is urged to cooperate with the Petitioner to ensure distribution of LR. Nkuene/Ngonyi/1215 to his family
10.Mention on 29th February,2024 to confirm distribution