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The 2 nd and 3 rd petitioners herein filed the application dated the 24 th day of July, 2023 seeking the following orders from the this court.;
THAT the court revoke the grant of letters of administration issued to the 1st Petitioner herein given jointly with the 2nd and 3rd Petitioners/Applicants and issue fresh grant in the joint names of the 1 st and 2 nd applicants .
Or in the alternative , the Honourable court be pleased to Order the Deputy Registrar of this Honourable court to sign and/or execute all documents and do all matters necessary to effect transmission and/or transfer of land parcel No. Nyaribari Chache/Nyanturago/741 as per the Certificate of Confirmation of Grant issued by this Honourable Court on the 4th day of August, 2022 in place of the 1st Petitioner/Respondent.
Or in the alternative , the 1st Petitioner/Respondent be cited for contempt of court orders for a period of not exceeding six (6) months
That the costs of the application be in the cause.
The application is supported by the annexed affidavit of Tom Simon Miroro (the 2 nd petitioner applicant ). The facts of this case are that Lucy Bitutu Onkoba, the respondent herein , the 2 nd and 3 rd petitioners namely Tom Simon Miroro and Stephen Kang’ara Ouko were appointed administrator of the estate of the deceased herein on 28.5.19. The grant was later confirmed on 4 th August 2022. The 2 nd and 3 rd petitioners argue that they diligently commenced the administration process to transmit the estate to the beneficiaries in accordance with the grant but the process as the 1 st petitioner /administrator stalled as the respondent herein had refused to execute the transfer documents .
The application was served upon the respondent and his counsel attended court and he did not oppose it .
ISSUES FOR DETERMINATIO
8. I have considered the application and the submissions and issues arising for determination are as follows :
a. Whether the respondent should be removed as an administrator and the grant be revoked or
b. Whether the Deputy Registrar should be allowed to execute the transmission forms on behalf of the respondent
9. Section 76 (d) of the law of Succession provides that; (d) that the person to whom the grant was made has failed, after due notice and without reasonable cause either—
(ii) to proceed diligently with the administration of the estate; or
(iii) 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
The grant herein was confirmed on 4.8.22 and the accounts have not been filed by the administrators as required by law as administration is yet to me completed . the applicants blame this on the respondent who is their co -administrator . The respondent has not explained why she has not complied with court orders . Section 83(e) of the Law of Succession Act Cap 160 Laws of Kenya , provides that and administrator has a duty to
“ furnish the court with a full and accurate inventory of the assets and liabilities of the deceased person within a period of six(6) months after the grant is issued.”
10. It is clear to me that the respondent 1 st / administrator herein failed in her duty to complete administration within 6 months after confirmation of grant as provided for under section of 83 (3) of the Act . revocation of grant is a discretionary power which must be exercised diligently as was held in case of Albert Imbuga Kisigwa v Recho Kavai Kisigwa [2016] KEHC 1528 (KLR) ‘’the Power to revoke a grant is a discretionary power that must be exercised judiciously and only on sound grounds. It is not a discretion to be exercised whimsically or capriciously. There must be evidence of wrong doing for the court to invoke section 76 and order to revoke or annul a grant. And when a court is called upon to exercise this discretion, it must take into account interests of all beneficiaries entitled to the deceased’s estate and ensure that the action taken will be for the interest of justice.
14. The objector has cited section 76(d)(ii) which provides that the court can revoke a grant where the person to whom the grant was made has failed, after due notice and without reasonable cause to proceed diligently with the administration of the estate. ‘’
11. In the instant case there are 3 administrators herein and one has failed in her administration duties while two are willing to complete the administration . It is in the interest of justice and expediency that I revoke the letters of administration issued to the applicants on 28.5.19 and the respondents on 28.5. 19 . The said letters are hereby revoked .
12. I proceed appoint the applicants TOM SIMON MIRORO & STEPHEN KANG’ARA OUKO as new the administrators of the estate of the deceased herein .
13. In view of the foregoing orders There is not need to proceed to determine the alternative issue
14. This being a family matter, there are no orders as to costs.
15. The administration be completed within120 days . Mention on 9.3.25.
T.A ODERA
JUDGE
24.10.25
Delivered Virtually Via Teams Platform on this 24 th day of October 2025 in the presence of Miss Nyaenya for 2 nd and 3 rd petitioners /applicant. Respondent absent
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The 2 nd and 3 rd petitioners herein filed the application dated the 24 th day of July, 2023 seeking the following orders from the this court.;
THAT the court revoke the grant of letters of administration issued to the 1st Petitioner herein given jointly with the 2nd and 3rd Petitioners/Applicants and issue fresh grant in the joint names of the 1 st and 2 nd applicants .
Or in the alternative , the Honourable court be pleased to Order the Deputy Registrar of this Honourable court to sign and/or execute all documents and do all matters necessary to effect transmission and/or transfer of land parcel No. Nyaribari Chache/Nyanturago/741 as per the Certificate of Confirmation of Grant issued by this Honourable Court on the 4th day of August, 2022 in place of the 1st Petitioner/Respondent.
Or in the alternative , the 1st Petitioner/Respondent be cited for contempt of court orders for a period of not exceeding six (6) months
That the costs of the application be in the cause.
The application is supported by the annexed affidavit of Tom Simon Miroro (the 2 nd petitioner applicant ). The facts of this case are that Lucy Bitutu Onkoba, the respondent herein , the 2 nd and 3 rd petitioners namely Tom Simon Miroro and Stephen Kang’ara Ouko were appointed administrator of the estate of the deceased herein on 28.5.19. The grant was later confirmed on 4 th August 2022. The 2 nd and 3 rd petitioners argue that they diligently commenced the administration process to transmit the estate to the beneficiaries in accordance with the grant but the process as the 1 st petitioner /administrator stalled as the respondent herein had refused to execute the transfer documents .
The application was served upon the respondent and his counsel attended court and he did not oppose it .
ISSUES FOR DETERMINATIO
8. I have considered the application and the submissions and issues arising for determination are as follows :
a. Whether the respondent should be removed as an administrator and the grant be revoked or
b. Whether the Deputy Registrar should be allowed to execute the transmission forms on behalf of the respondent
9. Section 76 (d) of the law of Succession provides that; (d) that the person to whom the grant was made has failed, after due notice and without reasonable cause either—
(ii) to proceed diligently with the administration of the estate; or
(iii) 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
The grant herein was confirmed on 4.8.22 and the accounts have not been filed by the administrators as required by law as administration is yet to me completed . the applicants blame this on the respondent who is their co -administrator . The respondent has not explained why she has not complied with court orders . Section 83(e) of the Law of Succession Act Cap 160 Laws of Kenya , provides that and administrator has a duty to
“ furnish the court with a full and accurate inventory of the assets and liabilities of the deceased person within a period of six(6) months after the grant is issued.”
10. It is clear to me that the respondent 1 st / administrator herein failed in her duty to complete administration within 6 months after confirmation of grant as provided for under section of 83 (3) of the Act . revocation of grant is a discretionary power which must be exercised diligently as was held in case of Albert Imbuga Kisigwa v Recho Kavai Kisigwa [2016] KEHC 1528 (KLR) ‘’the Power to revoke a grant is a discretionary power that must be exercised judiciously and only on sound grounds. It is not a discretion to be exercised whimsically or capriciously. There must be evidence of wrong doing for the court to invoke section 76 and order to revoke or annul a grant. And when a court is called upon to exercise this discretion, it must take into account interests of all beneficiaries entitled to the deceased’s estate and ensure that the action taken will be for the interest of justice.
14. The objector has cited section 76(d)(ii) which provides that the court can revoke a grant where the person to whom the grant was made has failed, after due notice and without reasonable cause to proceed diligently with the administration of the estate. ‘’
11. In the instant case there are 3 administrators herein and one has failed in her administration duties while two are willing to complete the administration . It is in the interest of justice and expediency that I revoke the letters of administration issued to the applicants on 28.5.19 and the respondents on 28.5. 19 . The said letters are hereby revoked .
12. I proceed appoint the applicants TOM SIMON MIRORO & STEPHEN KANG’ARA OUKO as new the administrators of the estate of the deceased herein .
13. In view of the foregoing orders There is not need to proceed to determine the alternative issue
14. This being a family matter, there are no orders as to costs.
15. The administration be completed within120 days . Mention on 9.3.25.
T.A ODERA
JUDGE
24.10.25
Delivered Virtually Via Teams Platform on this 24 th day of October 2025 in the presence of Miss Nyaenya for 2 nd and 3 rd petitioners /applicant. Respondent absent
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