1. The deceased Benard Gathogo died on 16 th August, 2004 and Mary Wambui Githogo applied for Letters of Administration Intestate.
2. In her petition filed on 25 th November, 2006 she indicated that the deceased’s widow, Esther Wangui, is deceased and that she was the only surviving beneficiary.
3. A grant of letters of administration intestate was issued to her, and the grant was subsequently confirmed on 17 th August, 2009.
4. What is presently before Court is an application dated 21 st May, 2025 for revocation of the grant filed by Milkah Wanjiru Gathogo. Milkah has deponed that she is the widow of the deceased and that she has obtained a grant of letters of administration intestate in Nairobi High Court (Family Division Milimani) P&A No. 2130 of 2014.
5. Milkah has further told the Court that she filed the application after she became aware of this Succession Cause. She further told the Court that Mary died on 27 th July, 2024.
6. I have perused the pleadings in P&A 2130 of 2014 and noted that there were citation proceedings that were taken out by Milkah after Mary declined to participate in that Succession cause. The court allowed Milkah to proceed with the Petition, notwithstanding Mary’s failure to consent.
7. I have noted that the Chief’s Letter (Nairobi) dated 1 st September, 2006 indicates that Mary was an only daughter and that her two parents were deceased. The second Chief’s letter (Kinangop) dated 7 th July, 2014 indicates that Benard Githogo had two wives – Esther (Mary’s mother and deceased by then) and Milkah (Applicant).
8. From the reconciliation of the two petitions, I have noted that the deceased Bernard Gathogo had other beneficiaries beyond Mary, who petitioned. During the hearing of the application, Samuel, Naomi, Serah, Peter, Daniel, and Joseph attended court.
9. The grant was obtained by misrepresentation, in that the administrator represented herself as the only beneficiary of the estate of the deceased, whereas evidence has emerged indicating the existence of other beneficiaries who were not included in the administration and distribution of the estate.
10. Upon reviewing the affidavit evidence filed herein, including the supporting documents and evidence from the parties who were present, the Court orders that the grant of administration issued to Mary Wambui Gathogo on 14th February, 2007 in Nairobi High Court (Family Division, Milimani) P&A 2908 of 2006 be and is hereby revoked for misrepresentation and concealment of material facts regarding the beneficiaries of the estate.
11. The administration relating to the Estate of Bernard Gathogo shall proceed in P&A 2130 of 2014.
12. The costs of this application shall be recovered from the Estate of Mary Wambui Gathogo.
Dated 04 th February, 2026.
2. In her petition filed on 25 th November, 2006 she indicated that the deceased’s widow, Esther Wangui, is deceased and that she was the only surviving beneficiary.
3. A grant of letters of administration intestate was issued to her, and the grant was subsequently confirmed on 17 th August, 2009.
4. What is presently before Court is an application dated 21 st May, 2025 for revocation of the grant filed by Milkah Wanjiru Gathogo. Milkah has deponed that she is the widow of the deceased and that she has obtained a grant of letters of administration intestate in Nairobi High Court (Family Division Milimani) P&A No. 2130 of 2014.
5. Milkah has further told the Court that she filed the application after she became aware of this Succession Cause. She further told the Court that Mary died on 27 th July, 2024.
6. I have perused the pleadings in P&A 2130 of 2014 and noted that there were citation proceedings that were taken out by Milkah after Mary declined to participate in that Succession cause. The court allowed Milkah to proceed with the Petition, notwithstanding Mary’s failure to consent.
7. I have noted that the Chief’s Letter (Nairobi) dated 1 st September, 2006 indicates that Mary was an only daughter and that her two parents were deceased. The second Chief’s letter (Kinangop) dated 7 th July, 2014 indicates that Benard Githogo had two wives – Esther (Mary’s mother and deceased by then) and Milkah (Applicant).
8. From the reconciliation of the two petitions, I have noted that the deceased Bernard Gathogo had other beneficiaries beyond Mary, who petitioned. During the hearing of the application, Samuel, Naomi, Serah, Peter, Daniel, and Joseph attended court.
9. The grant was obtained by misrepresentation, in that the administrator represented herself as the only beneficiary of the estate of the deceased, whereas evidence has emerged indicating the existence of other beneficiaries who were not included in the administration and distribution of the estate.
10. Upon reviewing the affidavit evidence filed herein, including the supporting documents and evidence from the parties who were present, the Court orders that the grant of administration issued to Mary Wambui Gathogo on 14th February, 2007 in Nairobi High Court (Family Division, Milimani) P&A 2908 of 2006 be and is hereby revoked for misrepresentation and concealment of material facts regarding the beneficiaries of the estate.
11. The administration relating to the Estate of Bernard Gathogo shall proceed in P&A 2130 of 2014.
12. The costs of this application shall be recovered from the Estate of Mary Wambui Gathogo.
Dated 04 th February, 2026.