1. Before the Court is a Summons for Revocation of Grant dated 23rd February 2026, filed by Regina Mutegi (hereinafter referred to as “the Applicant”). The application is expressed to be brought pursuant to Section 76 of the Law of Succession Act, Cap.160 Laws of Kenya, and Rules 44 and 73 of the Probate and Administration Rules.
2. The Applicant seeks orders that the Grant of Letters of Administration Intestate issued to Charles Njeru Gaichu, the original Petitioner and administrator of the estate of Gaichu Kigeta Gitegia (deceased), be revoked and that she be appointed as the administrator of the estate in his place for purposes of concluding the administration of the estate.
3. The application is premised on the ground that the original administrator died before completing the administration of the estate, thereby rendering the grant incapable of being acted upon. The Applicant further contends that there is already a subsisting judgment of this Court determining the mode of distribution of the estate and that what remains is the formal completion of the administration process.
4. The Applicant’s case is contained in the supporting affidavit sworn on 23rd February 2026. She avers that she is a daughter and beneficiary of the deceased, Gaichu Kigeta Gitegia. She states that Charles Njeru Gaichu was issued with a Grant of Letters of Administration Intestate in respect of the estate but died on 14th January 2021 before the administration of the estate was concluded. The Applicant produced a death certificate marked as Exhibit “RM 3” confirming the death of the administrator.
5. The Applicant contends that following the death of the sole administrator, the grant issued to him has become incapable of being acted upon and has consequently become useless and inoperative within the meaning of Section 76(d)(ii) of the Law of Succession Act.
6. The Applicant further states that the beneficiaries of the estate have agreed that she should take over the administration of the estate to enable implementation of the judgment previously delivered by this Court on 2nd July 2018.
7. The record before the Court shows that this succession cause was instituted following the death of Gaichu Kigeta Gitegia and a judgment delivered determining the competing claims among the beneficiaries and giving directions on the distribution of the estate.
8. The Court further determined that Charles Njeru Gaichu, who had petitioned for the grant, had already benefited substantially from the deceased during his lifetime through a gift inter vivos, namely Land Parcel No. 533. Consequently, the Court excluded him from further entitlement to the identified estate properties.
9. The Court ordered that Land Parcel No. N. Tharaka/Marimanti/542 and the Mukothima property be distributed equally among the following beneficiaries:
i. Regina Mutegi, holding the share on behalf of Silas Mutegi for her benefit and that of her children;
ii. Karea Gaichu;
iii. Mechelina Ciamuru Gaichu; and
iv. Robin Mati.
10. Section 76 of the Law of Succession Act sets out the circumstances under which a grant of representation may be revoked or annulled. The section provides that: “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…”
11. Among the grounds for revocation under Section 76(d) is where: “the grant has become useless and inoperative through subsequent circumstances.”
12. Where the sole administrator dies before completing administration of the estate, the grant cannot practically achieve the purpose for which it was issued. The authority granted by the Court becomes incapable of being exercised because the person upon whom the authority was conferred no longer exists.
13. In the present matter, it is not disputed that Charles Njeru Gaichu died on 14th January 2021. There is no evidence that another administrator was appointed after his demise. Consequently, the estate has remained without a person legally authorised to complete the administration process.
14. The Court therefore finds that the death of the sole administrator constituted a subsequent circumstance that rendered the grant issued to him useless and inoperative within the contemplation of Section 76(d)(ii) of the Law of Succession Act.
15. The appointment of a new administrator will not reopen or alter the rights already determined by the Court. The role of the incoming administrator is limited to implementing the existing judgment and completing the formal steps necessary to transmit the estate property to the beneficiaries.
16. The Applicant is a beneficiary of the estate and has obtained the consent of the other beneficiaries. No objection has been raised against her appointment. The Court is therefore satisfied that she is a suitable person to assume the responsibility of administering the estate.
17. The Court reiterates that the appointment of the Applicant does not confer upon her any superior proprietary interest in the estate. She assumes a fiduciary obligation to all beneficiaries and must administer the estate strictly in accordance with the confirmed grant and the judgment of this Court.
18. Accordingly, the Court makes the following orders:
a. The Grant of Letters of Administration Intestate issued to Charles Njeru Gaichu in respect of the estate of Gaichu Kigeta Gitegia (deceased) is hereby revoked
b. A grant de bonis non administratis is hereby issued to Regina Mutegi
c. The distribution of Land Parcel No. N. Tharaka/Marimanti/542 and the parcel of land situated at Mukothima shall be reflected as ordered by the Court, namely equal shares among:
i. Regina Mutegi (holding the share for Silas Mutegi for her benefit and that of her children);
ii. Karea Gaichu;
iii. Mechelina Ciamuru Gaichu; and
iv. Robin Mati.
d. The administrator shall proceed with the necessary transmission and completion of the estate administration without unnecessary delay.
Dated, Signed and Delivered at MERU this 14th day of July 2026.
Delivered via Microsoft Teams
2. The Applicant seeks orders that the Grant of Letters of Administration Intestate issued to Charles Njeru Gaichu, the original Petitioner and administrator of the estate of Gaichu Kigeta Gitegia (deceased), be revoked and that she be appointed as the administrator of the estate in his place for purposes of concluding the administration of the estate.
3. The application is premised on the ground that the original administrator died before completing the administration of the estate, thereby rendering the grant incapable of being acted upon. The Applicant further contends that there is already a subsisting judgment of this Court determining the mode of distribution of the estate and that what remains is the formal completion of the administration process.
4. The Applicant’s case is contained in the supporting affidavit sworn on 23rd February 2026. She avers that she is a daughter and beneficiary of the deceased, Gaichu Kigeta Gitegia. She states that Charles Njeru Gaichu was issued with a Grant of Letters of Administration Intestate in respect of the estate but died on 14th January 2021 before the administration of the estate was concluded. The Applicant produced a death certificate marked as Exhibit “RM 3” confirming the death of the administrator.
5. The Applicant contends that following the death of the sole administrator, the grant issued to him has become incapable of being acted upon and has consequently become useless and inoperative within the meaning of Section 76(d)(ii) of the Law of Succession Act.
6. The Applicant further states that the beneficiaries of the estate have agreed that she should take over the administration of the estate to enable implementation of the judgment previously delivered by this Court on 2nd July 2018.
7. The record before the Court shows that this succession cause was instituted following the death of Gaichu Kigeta Gitegia and a judgment delivered determining the competing claims among the beneficiaries and giving directions on the distribution of the estate.
8. The Court further determined that Charles Njeru Gaichu, who had petitioned for the grant, had already benefited substantially from the deceased during his lifetime through a gift inter vivos, namely Land Parcel No. 533. Consequently, the Court excluded him from further entitlement to the identified estate properties.
9. The Court ordered that Land Parcel No. N. Tharaka/Marimanti/542 and the Mukothima property be distributed equally among the following beneficiaries:
i. Regina Mutegi, holding the share on behalf of Silas Mutegi for her benefit and that of her children;
ii. Karea Gaichu;
iii. Mechelina Ciamuru Gaichu; and
iv. Robin Mati.
10. Section 76 of the Law of Succession Act sets out the circumstances under which a grant of representation may be revoked or annulled. The section provides that: “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…”
11. Among the grounds for revocation under Section 76(d) is where: “the grant has become useless and inoperative through subsequent circumstances.”
12. Where the sole administrator dies before completing administration of the estate, the grant cannot practically achieve the purpose for which it was issued. The authority granted by the Court becomes incapable of being exercised because the person upon whom the authority was conferred no longer exists.
13. In the present matter, it is not disputed that Charles Njeru Gaichu died on 14th January 2021. There is no evidence that another administrator was appointed after his demise. Consequently, the estate has remained without a person legally authorised to complete the administration process.
14. The Court therefore finds that the death of the sole administrator constituted a subsequent circumstance that rendered the grant issued to him useless and inoperative within the contemplation of Section 76(d)(ii) of the Law of Succession Act.
15. The appointment of a new administrator will not reopen or alter the rights already determined by the Court. The role of the incoming administrator is limited to implementing the existing judgment and completing the formal steps necessary to transmit the estate property to the beneficiaries.
16. The Applicant is a beneficiary of the estate and has obtained the consent of the other beneficiaries. No objection has been raised against her appointment. The Court is therefore satisfied that she is a suitable person to assume the responsibility of administering the estate.
17. The Court reiterates that the appointment of the Applicant does not confer upon her any superior proprietary interest in the estate. She assumes a fiduciary obligation to all beneficiaries and must administer the estate strictly in accordance with the confirmed grant and the judgment of this Court.
18. Accordingly, the Court makes the following orders:
a. The Grant of Letters of Administration Intestate issued to Charles Njeru Gaichu in respect of the estate of Gaichu Kigeta Gitegia (deceased) is hereby revoked
b. A grant de bonis non administratis is hereby issued to Regina Mutegi
c. The distribution of Land Parcel No. N. Tharaka/Marimanti/542 and the parcel of land situated at Mukothima shall be reflected as ordered by the Court, namely equal shares among:
i. Regina Mutegi (holding the share for Silas Mutegi for her benefit and that of her children);
ii. Karea Gaichu;
iii. Mechelina Ciamuru Gaichu; and
iv. Robin Mati.
d. The administrator shall proceed with the necessary transmission and completion of the estate administration without unnecessary delay.
Dated, Signed and Delivered at MERU this 14th day of July 2026.
Delivered via Microsoft Teams