' The ruling is in respect to the Application dated 3 rd February 2025 wherein the Applicant seeks the following Orders: -
THAT the Grant of Letters of Administration issued to the Petitioner herein be revoked as they are now of no effect as the Petitioner is now deceased.
THAT the Objector herein be appointed as the Administrator of the deceased herein in place of the deceased Petitioner.
Costs of the Application be provided for.
The Application is supported by the Applicant’s Affidavit wherein it is averred that the Petitioner died sometime in 2023 and that the Estate does not have an Administrator, yet it was pending distribution to the beneficiaries including himself. He averred that the Court should revoke the Grant of Letters of Administration issued to the deceased Petitioner and re-issue the same to him so as to enable him to undertake the process of distribution of the said Estate to its rightful beneficiaries.
The Interested Party, Peter Maisiba Angwenyi . filed an Affidavit dated 21 st July 2025 wherein he vehemently opposed the said Application on grounds that the allegations contained therein were false and inaccurate. He averred that the late Josephine Bitutu, the Petitioner herein, was appointed an Administratix over the Estate of Angwenyi Mobaya and was issued with a Certificate of Confirmation on Grant on 22 nd July 2016 (‘PMA-1’). He averred that the said Petitioner caused the Land Parcel No. WEST MUGIRANGO/572 to be subdivided into two portions on 16 th November 2016 in respect to the two households of the deceased and subsequently transferred the said portions to the widow and daughter-in-law of the deceased to hold in trust for their children.
It was averred that the Applicant was the deceased Petitioner’s grandson and that she held land parcel No. WEST MUGIRANGI/BOSAMARO WEST/2473 in trust for the Applicant, the Interested party and one David Mobaya Angwenyi. It was the Interested Party’s case that upon registration and transfer of the said parcels to the two houses, the Estate of the deceased was fully distributed and that nothing was left to be administered. He further averred that the proper cause of action for the Applicant was to obtain letters of administration over the Estate of the deceased Administratix so as to distribute her Estate and in particular No. WEST MUGIRANGI/BOSAMARO WEST/2473 which was now registered in her name.
It was also averred that the Objector is unfit to be appointed an Administrator since he had been convicted and sentenced for the offence of intermeddling with the said estate in Nyamira CMCR No. 350 of 2013. The Interested Party urged the court to dismiss the Application for want of merit and for being an abuse of the court process.
The Application was canvassed by way of written submissions which I have considered. I find that the main issue for my determination is whether the Applicant has made out a case for the revocation of Grant and reissuance of Grant over the Estate of the late Angwenyi Mobaya to himself.
Analysis and Determination.
Section 76 of the Law of Succession Act stipulates as follows: -
76. Revocation or annulment of grant
A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—
that the proceedings to obtain the grant were defective in substance;
that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;
that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently;
that the person to whom the grant was made has failed, after due notice and without reasonable cause either—
to apply for confirmation of the grant within one year from the date thereof, or such longer period as the court order or allow; or
to proceed diligently with the administration of the estate; or
to produce to the court, within the time prescribed, any such inventory or account of administration as is required by the provisions of paragraphs (e) and (g) of section 83 or has produced any such inventory or account which is false in any material particular; or
that the grant has become useless and inoperative through subsequent circumstances.
A perusal of the court record reveals that Grant of Letters of Administration Intestate were issued to Josephine Bututu Angwenyi the Petitioner herein (now deceased) on 4 th January 2016. The said grant was subsequently confirmed on 22 nd July 2016. The Certificate of Confirmation of Grant shows that the deceased’s property, Land Parcel No. WEST MUGIRANGO/572, was to be divided equally (1.8 Ha each) between the two households and that the widows were to hold the same in trust for their children. The court orders of 22 nd July 2016 also revoked all the titles Nos. WEST MUGIRANGO/BOSAMARO WEST/2225, 2226 and 2227 that had been previously obtained from this parcel upon its subdivision.
The Objector/Applicant then filed an Application – Summons for the Revocation of Grant dated 30 th August 2016 and stay of execution of the Court’s Orders of 22 nd July 2016 cancelling the subdivided titles.
On 8 th November 2018, this Court (differently constituted - Maina J.) allowed the application for revocation of Grant on grounds that the Petition filed by the Administratrix Josephine Bitutu was incomplete because she did not file an Affidavit setting out the assets of the deceased or a copy of official search showing the proprietorship of the deceased’s Estate. The said Court also found that the administratix did not include the then registered proprietors of the alleged sub-divided parcels to the suit an omission that would render them condemned unheard against the rules of natural justice. The Court also found that she did not provide a basis for seeking the annulment of the subdivided titles because the issue of the deceased’s land being fraudulently transferred was still pending determination in the subordinate court in Nyamira CMCR No. 350 of 2012.
I have perused the Judgment dated 1 st March 2021 delivered by the subordinate court in the above matter and I note that the Applicant was convicted of the offences of knowingly making false statement in connection with the transaction affecting land contrary to Section 103 (1) (a) of the Land Registration Act No. 3 of 2012 and fraudulently procuring the issuance of a certificate of ownership to land contrary to Section 103 (1) (e) (i). He was accordingly sentenced .
It is with the above background in mind that I note that the present Application seeks the revocation of Grant under the pretext that the Administratrix is now deceased. Before I delve into determining the issues of whether the Grant may be revoked under Section 76 or whether the Objector/Applicant is an appropriate substitute as an Administrator, it is important to establish whether a Grant exists in the first place.
My finding is while Grant was issued and confirmed by Nagillah J. way back in 2016, the Orders made by Maina J. on 8 th November 2018 had the effect of not only annulling the said Grant but also stopping the process of the cancellation of the titles which were created upon subdivision. It was therefore incumbent upon the parties to commence the succession process afresh and correct the errors pointed out by Maina J. in her Ruling because the Grant issued by Nagillah J. was revoked.
It is my finding that the Administrator’s decision to ride on the strength of the revoked Grant and to distribute the Estate in accordance to the revoked Certificate of Confirmation had no legal effect whatsoever.
I find that no other Grant was issued and there is therefore no Grant for this Court to confirm or revoke. In the premises, I find that the Application for revocation of Grant is not only unmerited but is equally a non-starter.
Accordingly, I dismiss the instant application with costs to the Estate of the deceased.
It is so ordered.
'
THAT the Grant of Letters of Administration issued to the Petitioner herein be revoked as they are now of no effect as the Petitioner is now deceased.
THAT the Objector herein be appointed as the Administrator of the deceased herein in place of the deceased Petitioner.
Costs of the Application be provided for.
The Application is supported by the Applicant’s Affidavit wherein it is averred that the Petitioner died sometime in 2023 and that the Estate does not have an Administrator, yet it was pending distribution to the beneficiaries including himself. He averred that the Court should revoke the Grant of Letters of Administration issued to the deceased Petitioner and re-issue the same to him so as to enable him to undertake the process of distribution of the said Estate to its rightful beneficiaries.
The Interested Party, Peter Maisiba Angwenyi . filed an Affidavit dated 21 st July 2025 wherein he vehemently opposed the said Application on grounds that the allegations contained therein were false and inaccurate. He averred that the late Josephine Bitutu, the Petitioner herein, was appointed an Administratix over the Estate of Angwenyi Mobaya and was issued with a Certificate of Confirmation on Grant on 22 nd July 2016 (‘PMA-1’). He averred that the said Petitioner caused the Land Parcel No. WEST MUGIRANGO/572 to be subdivided into two portions on 16 th November 2016 in respect to the two households of the deceased and subsequently transferred the said portions to the widow and daughter-in-law of the deceased to hold in trust for their children.
It was averred that the Applicant was the deceased Petitioner’s grandson and that she held land parcel No. WEST MUGIRANGI/BOSAMARO WEST/2473 in trust for the Applicant, the Interested party and one David Mobaya Angwenyi. It was the Interested Party’s case that upon registration and transfer of the said parcels to the two houses, the Estate of the deceased was fully distributed and that nothing was left to be administered. He further averred that the proper cause of action for the Applicant was to obtain letters of administration over the Estate of the deceased Administratix so as to distribute her Estate and in particular No. WEST MUGIRANGI/BOSAMARO WEST/2473 which was now registered in her name.
It was also averred that the Objector is unfit to be appointed an Administrator since he had been convicted and sentenced for the offence of intermeddling with the said estate in Nyamira CMCR No. 350 of 2013. The Interested Party urged the court to dismiss the Application for want of merit and for being an abuse of the court process.
The Application was canvassed by way of written submissions which I have considered. I find that the main issue for my determination is whether the Applicant has made out a case for the revocation of Grant and reissuance of Grant over the Estate of the late Angwenyi Mobaya to himself.
Analysis and Determination.
Section 76 of the Law of Succession Act stipulates as follows: -
76. Revocation or annulment of grant
A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—
that the proceedings to obtain the grant were defective in substance;
that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;
that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently;
that the person to whom the grant was made has failed, after due notice and without reasonable cause either—
to apply for confirmation of the grant within one year from the date thereof, or such longer period as the court order or allow; or
to proceed diligently with the administration of the estate; or
to produce to the court, within the time prescribed, any such inventory or account of administration as is required by the provisions of paragraphs (e) and (g) of section 83 or has produced any such inventory or account which is false in any material particular; or
that the grant has become useless and inoperative through subsequent circumstances.
A perusal of the court record reveals that Grant of Letters of Administration Intestate were issued to Josephine Bututu Angwenyi the Petitioner herein (now deceased) on 4 th January 2016. The said grant was subsequently confirmed on 22 nd July 2016. The Certificate of Confirmation of Grant shows that the deceased’s property, Land Parcel No. WEST MUGIRANGO/572, was to be divided equally (1.8 Ha each) between the two households and that the widows were to hold the same in trust for their children. The court orders of 22 nd July 2016 also revoked all the titles Nos. WEST MUGIRANGO/BOSAMARO WEST/2225, 2226 and 2227 that had been previously obtained from this parcel upon its subdivision.
The Objector/Applicant then filed an Application – Summons for the Revocation of Grant dated 30 th August 2016 and stay of execution of the Court’s Orders of 22 nd July 2016 cancelling the subdivided titles.
On 8 th November 2018, this Court (differently constituted - Maina J.) allowed the application for revocation of Grant on grounds that the Petition filed by the Administratrix Josephine Bitutu was incomplete because she did not file an Affidavit setting out the assets of the deceased or a copy of official search showing the proprietorship of the deceased’s Estate. The said Court also found that the administratix did not include the then registered proprietors of the alleged sub-divided parcels to the suit an omission that would render them condemned unheard against the rules of natural justice. The Court also found that she did not provide a basis for seeking the annulment of the subdivided titles because the issue of the deceased’s land being fraudulently transferred was still pending determination in the subordinate court in Nyamira CMCR No. 350 of 2012.
I have perused the Judgment dated 1 st March 2021 delivered by the subordinate court in the above matter and I note that the Applicant was convicted of the offences of knowingly making false statement in connection with the transaction affecting land contrary to Section 103 (1) (a) of the Land Registration Act No. 3 of 2012 and fraudulently procuring the issuance of a certificate of ownership to land contrary to Section 103 (1) (e) (i). He was accordingly sentenced .
It is with the above background in mind that I note that the present Application seeks the revocation of Grant under the pretext that the Administratrix is now deceased. Before I delve into determining the issues of whether the Grant may be revoked under Section 76 or whether the Objector/Applicant is an appropriate substitute as an Administrator, it is important to establish whether a Grant exists in the first place.
My finding is while Grant was issued and confirmed by Nagillah J. way back in 2016, the Orders made by Maina J. on 8 th November 2018 had the effect of not only annulling the said Grant but also stopping the process of the cancellation of the titles which were created upon subdivision. It was therefore incumbent upon the parties to commence the succession process afresh and correct the errors pointed out by Maina J. in her Ruling because the Grant issued by Nagillah J. was revoked.
It is my finding that the Administrator’s decision to ride on the strength of the revoked Grant and to distribute the Estate in accordance to the revoked Certificate of Confirmation had no legal effect whatsoever.
I find that no other Grant was issued and there is therefore no Grant for this Court to confirm or revoke. In the premises, I find that the Application for revocation of Grant is not only unmerited but is equally a non-starter.
Accordingly, I dismiss the instant application with costs to the Estate of the deceased.
It is so ordered.
'