JUDGMENT
A. Introduction
1. The Summons dated 26th May 2025 seeks revocation of the Grant of Letters of Administration issued to the Respondent on 29th January 2016 and confirmed on 25th September 2019.
2. The application is brought under Section 76 of the Law of Succession Act and Rule 44 of the Probate and Administration Rules on grounds that:
o The proceedings to obtain and confirm the grant were defective in substance;
o Material facts were concealed;
o Not all beneficiaries were involved;
o Certain properties not forming part of the estate were distributed.
B. Background
3. The deceased, Paul Obingo Olwanga, died intestate.
4. The confirmed grant shows distribution of land parcels including KAGAN/KAMENYA/58 among sons of the deceased and a share allocated to Washington Omondi Nyoloo to allegedly hold in trust for the house of the late Thomas Jeremiah Olwal Nyoloo.
5. The Applicant is a grandson of the deceased and now holds a limited grant ad litem in respect of his late father’s estate.
C. Issues for Determination
6. The issues for determination are:
1. Whether the Applicant has locus standi;
2. Whether the proceedings to obtain and confirm the grant were defective;
3. Whether there was concealment of material facts;
4. Whether the grant ought to be revoked under Section 76.
D. Analysis
1. Locus Standi
7. The Applicant now holds a limited grant ad litem in respect of the estate of Thomas Jeremiah Olwal Nyoloo. He therefore has standing to protect his father’s entitlement.
8. Where a child of a deceased person predeceases the deceased, his children step into his shoes and take the share that would have devolved to him.
2. Whether the Proceedings Were Defective
9. Rule 26(1) and (2) of the Probate and Administration Rules makes it mandatory that where a petitioner seeks a grant, written consents of all persons entitled in equal or prior degree must be obtained.
10. The record does not demonstrate that the house of the late Thomas Jeremiah Olwal Nyoloo was consulted or that written consents were obtained from his children. ownership to the exclusion of his siblings
11. The allocation of a share to Washington Omondi Nyoloo does not cure failure to involve all beneficiaries at the petition and confirmation stages. . It is not clear in what capacity Washington was to inherit the allege estate of his father the same and whether he is holding in trust for the estate of his deceased father . Infact, he was not to hold the land in trust for his father’s estate . The distribution suggests an absolute ownership to the exclusion of his siblings.
12. Confirmation proceedings must be transparent and participatory. A trust cannot be imposed upon beneficiaries without their involvement or consent.
13. The failure to involve an entire house of a deceased son amounts to a fundamental defect in substance.
3. Concealment of Material Facts
13. Section 76(b) provides that a grant may be revoked where it was obtained by concealment of something material to the case.
14. The existence of children of a predeceased son is a material fact in intestacy proceedings.
15. The Applicant has demonstrated that:
• He and his father’s house was not consulted.
• . Further that the distribution was effected without their participation.
16. That omission amounts to material non-disclosure.
4. Distribution of Non-Estate Property
17. The Applicant has raised credible concerns that certain parcels distributed are registered in the name of Thomas Jeremiah Olwal Nyoloo and therefore do not constitute free property of the deceased within the meaning of Section 3 of the Law of Succession Act. This issue was not susbtantively responded to as the objector said the said parcels were separate properties purchased by his father while the petitioner insisted that the same were properties of deceased. I have seen the certificate of confirmation of grant dated 26.9.2019 . it shows that Washington Omondi Nyoloo J was to be registered in land parcel no. Kagan /Kamenya /59, 1004 and 620 which is the share of his father. The said properties were not disclosed in the petition as forming part of the estate of deceased . No searches or green card was filed to show ownership of the said parcels by deceased herein
18. Property not registered in the name of the deceased cannot form part of his estate for distribution.
19. This further demonstrates that the confirmation process n irregular.
5. Exercise of Discretion
20. Revocation of a grant is a discretional remedy, but where:
• An entire house was excluded,
• Mandatory consents were not obtained,
• Material facts were concealed,
the court must intervene to protect the integrity of succession proceedings.
21. Succession proceedings must be inclusive, transparent and lawful as inheritance is a birth right . The court cannot uphold a confirmed grant founded on procedural impropriety.
E. Determination
22. I find that:
• The proceedings leading to the grant and its confirmation were defective in substance;
• There was material non-disclosure;
• The house of Thomas Jeremiah Olwal Nyoloo was not properly involved;
• The threshold under Section 76(a) and (b) has been met.
F. Orders
Accordingly, the Court makes the following orders:
1. The Grant of Letters of Administration issued to the Respondent on 29th January 2016 and confirmed on 25th September 2019 is hereby revoked.
2. The certificate of confirmation of grant dated 25th September 2019 is set aside in its entirety.
3. A fresh grant shall issue jointly to:
a. Eliud Omolo Nyoloo; and
b. Paul Obingo Nyoloo (as legal representative of the estate of Thomas Jeremiah Olwal Nyoloo).
4. The joint administrators shall, within sixty (45) days, file a fresh summons for confirmation of grant identifying:
a. All surviving beneficiaries;
b. All assets forming part of the deceased’s free property;
c. The proposed mode of distribution.
5. Mention on 5.5.26 for compliance and further directions
6. Each party shall bear own costs, this being a family matter.
T.A ODERA
JUDGE
5.3.26
DATED, SIGNED AND DELIVERED AT THIS 3RD DAY OF MARCH 2026. PETITIONER PRESENT . MISS KIMBERLY HOLDING BREIF FOR MISS OBWANDA FOR THE OBJECTOR AND MISS OYALA HB FOR G.S OKOTH FOR THE PETITIOONER
A. Introduction
1. The Summons dated 26th May 2025 seeks revocation of the Grant of Letters of Administration issued to the Respondent on 29th January 2016 and confirmed on 25th September 2019.
2. The application is brought under Section 76 of the Law of Succession Act and Rule 44 of the Probate and Administration Rules on grounds that:
o The proceedings to obtain and confirm the grant were defective in substance;
o Material facts were concealed;
o Not all beneficiaries were involved;
o Certain properties not forming part of the estate were distributed.
B. Background
3. The deceased, Paul Obingo Olwanga, died intestate.
4. The confirmed grant shows distribution of land parcels including KAGAN/KAMENYA/58 among sons of the deceased and a share allocated to Washington Omondi Nyoloo to allegedly hold in trust for the house of the late Thomas Jeremiah Olwal Nyoloo.
5. The Applicant is a grandson of the deceased and now holds a limited grant ad litem in respect of his late father’s estate.
C. Issues for Determination
6. The issues for determination are:
1. Whether the Applicant has locus standi;
2. Whether the proceedings to obtain and confirm the grant were defective;
3. Whether there was concealment of material facts;
4. Whether the grant ought to be revoked under Section 76.
D. Analysis
1. Locus Standi
7. The Applicant now holds a limited grant ad litem in respect of the estate of Thomas Jeremiah Olwal Nyoloo. He therefore has standing to protect his father’s entitlement.
8. Where a child of a deceased person predeceases the deceased, his children step into his shoes and take the share that would have devolved to him.
2. Whether the Proceedings Were Defective
9. Rule 26(1) and (2) of the Probate and Administration Rules makes it mandatory that where a petitioner seeks a grant, written consents of all persons entitled in equal or prior degree must be obtained.
10. The record does not demonstrate that the house of the late Thomas Jeremiah Olwal Nyoloo was consulted or that written consents were obtained from his children. ownership to the exclusion of his siblings
11. The allocation of a share to Washington Omondi Nyoloo does not cure failure to involve all beneficiaries at the petition and confirmation stages. . It is not clear in what capacity Washington was to inherit the allege estate of his father the same and whether he is holding in trust for the estate of his deceased father . Infact, he was not to hold the land in trust for his father’s estate . The distribution suggests an absolute ownership to the exclusion of his siblings.
12. Confirmation proceedings must be transparent and participatory. A trust cannot be imposed upon beneficiaries without their involvement or consent.
13. The failure to involve an entire house of a deceased son amounts to a fundamental defect in substance.
3. Concealment of Material Facts
13. Section 76(b) provides that a grant may be revoked where it was obtained by concealment of something material to the case.
14. The existence of children of a predeceased son is a material fact in intestacy proceedings.
15. The Applicant has demonstrated that:
• He and his father’s house was not consulted.
• . Further that the distribution was effected without their participation.
16. That omission amounts to material non-disclosure.
4. Distribution of Non-Estate Property
17. The Applicant has raised credible concerns that certain parcels distributed are registered in the name of Thomas Jeremiah Olwal Nyoloo and therefore do not constitute free property of the deceased within the meaning of Section 3 of the Law of Succession Act. This issue was not susbtantively responded to as the objector said the said parcels were separate properties purchased by his father while the petitioner insisted that the same were properties of deceased. I have seen the certificate of confirmation of grant dated 26.9.2019 . it shows that Washington Omondi Nyoloo J was to be registered in land parcel no. Kagan /Kamenya /59, 1004 and 620 which is the share of his father. The said properties were not disclosed in the petition as forming part of the estate of deceased . No searches or green card was filed to show ownership of the said parcels by deceased herein
18. Property not registered in the name of the deceased cannot form part of his estate for distribution.
19. This further demonstrates that the confirmation process n irregular.
5. Exercise of Discretion
20. Revocation of a grant is a discretional remedy, but where:
• An entire house was excluded,
• Mandatory consents were not obtained,
• Material facts were concealed,
the court must intervene to protect the integrity of succession proceedings.
21. Succession proceedings must be inclusive, transparent and lawful as inheritance is a birth right . The court cannot uphold a confirmed grant founded on procedural impropriety.
E. Determination
22. I find that:
• The proceedings leading to the grant and its confirmation were defective in substance;
• There was material non-disclosure;
• The house of Thomas Jeremiah Olwal Nyoloo was not properly involved;
• The threshold under Section 76(a) and (b) has been met.
F. Orders
Accordingly, the Court makes the following orders:
1. The Grant of Letters of Administration issued to the Respondent on 29th January 2016 and confirmed on 25th September 2019 is hereby revoked.
2. The certificate of confirmation of grant dated 25th September 2019 is set aside in its entirety.
3. A fresh grant shall issue jointly to:
a. Eliud Omolo Nyoloo; and
b. Paul Obingo Nyoloo (as legal representative of the estate of Thomas Jeremiah Olwal Nyoloo).
4. The joint administrators shall, within sixty (45) days, file a fresh summons for confirmation of grant identifying:
a. All surviving beneficiaries;
b. All assets forming part of the deceased’s free property;
c. The proposed mode of distribution.
5. Mention on 5.5.26 for compliance and further directions
6. Each party shall bear own costs, this being a family matter.
T.A ODERA
JUDGE
5.3.26
DATED, SIGNED AND DELIVERED AT THIS 3RD DAY OF MARCH 2026. PETITIONER PRESENT . MISS KIMBERLY HOLDING BREIF FOR MISS OBWANDA FOR THE OBJECTOR AND MISS OYALA HB FOR G.S OKOTH FOR THE PETITIOONER