1. The summons for revocation of grant dated 27/07/2024 seek for revocation of grant issued to Grace Mamba Otita on 19/03/2010. The grounds upon which the application is predicated are that the administrator Grace Mamba Otita, in Succession cause No. 24/2010 has since died as shown by the annexed death certificate dated 25/7/2018.
2. The administrator died on 28/4/2018. This was after she obtained grant in respect of the estate of Geoffrey Paul Orwa Otita in Kisumu High Court Succession cause No. 24/2010.
3. According to the applicant Humphrey Oscar Ogola Otita, the administrator had only partially distributed the estate before she died and that the applicant is now the administrator of her estate as shown by certificate of confirmation of grant issued on 7/7/2020 vide Nairobi High Court Succession cause No. 1332/2018 wherein he was allocated assets as listed. However, from the Petition filed vide Kisumu High Court Succession Cause No. 24/2010, the deceased disclosed that besides herself, Humphrey Oscar Otita and Victor Omondi Ooko were the other surviving beneficiaries as they were listed in the P & A 5 form, as sons to the deceased Geoffrey Paul Orwa Otita.
4. It therefore follows that Humphrey Oscar Ogola Otita the applicant herein must ensure that the other surviving beneficiary is involved and included in the succession process, and this is confirmed by the Chief, Kakola location\'s letter dated 30/12/2009. Having said that, it is clear that the grant as issued and confirmed in favour of Grace Mamba Otita in Kisumu High Court Succession cause No. 24/2010 became inoperative and useless since the sole administrator died before completing the distribution of the estate.
5. Accordingly, I allow the summons for revocation of grant dated 27/7/2024 and annul and revoke the grant issued to Grace Mamba Otita, now deceased in respect of the estate of the deceased Geoffrey Paul Orwa on 19/3/2010 and confirmed on 19/11/2010 and order that the beneficiaries of the estate of Geoffrey Paul Orwa Otita (deceased) shall petition for a fresh grant to administer the estate of the said deceased Geoffrey Paul Orwa Otita.
6. For avoidance of doubt, this court is not granting the applicant herein Humphrey Oscar Ogola Otita any power to Petition for the grant but is issuing an order that the beneficiaries of the estate of the deceased Geoffrey Paul Orwa Otita shall Petition for a fresh grant to administer his estate.
7. That being the case, Humphrey Oscar Ogola Otita the applicant herein must ensure that one, Victor Omondi Ooko is involved and included in the said Succession process.
8. I so order.
9. This file is closed.