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High CourtAllowed

In re Estate of Wellington Kariuki Echessa (Revocation of Grant)

High Court of Kenya
22 February 2019
MMMumbua T. Matheka
1,716 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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If an estate grant was obtained without informing all rightful heirs or getting their consent, the court can revoke it.

What this practically means

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Executive summary

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The applicants, Patricia Gathoni Echessa Kariuki and Beatrice Kamuyu Mwai, filed a Summons for Revocation of Grant dated 18th October 2016 under Section 76 of the Law of Succession Act against Mary Njoki Ngugi and Catherine Njeri Ngugi, administrators of the estate of Wellington Kariuki Echessa, who died intestate on 13th December 2009 owning Chinga/Kagongo/677. A grant of letters of administration intestate issued to the respondents, and on confirmation the 1st respondent became the sole beneficiary of the entire estate, listing only some beneficiaries and obtaining a consent signed by only two persons. The excluded beneficiaries, including Jeff Muthee Kariuki, Gregory Kimaru Kariuki and Beatrice Kamuyu Mwai, swore affidavits that they were never involved, never consented to the administrators or the mode of distribution, and were disinherited. At the hearing of 28th January 2019 the respondents and their counsel were absent despite an earlier adjournment granted at their request; counsel for the applicants urged the court to revoke the grant given the respondents' persistent delays, the age of the matter, and one applicant's risk of losing employment due to court attendance. The court held that the certificate of confirmation was issued without considering every beneficially entitled person, that material facts were concealed, and that there was no beneficiary consent to the administrators or the distribution, which also failed to provide for minors. Invoking Section 76, the court revoked the grant and certificate of confirmation, ordered a fresh grant in the joint names of the 1st respondent and the applicants, allowed a summons for confirmation within 60 days, required the respondents to file an inventory under Section 83(e), and set a mention for compliance on 29th April 2019. No costs order was recorded.

Key legal issues

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01

Revocation of grant under Section 76 of the Law of Succession Act

Holding

The grant and confirmed certificate were revoked because proceedings were defective and beneficiaries were left out without consent.

Reasoning

The court found the certificate of confirmation issued without considering every beneficially entitled person; the 1st respondent became sole beneficiary while other beneficiaries, including adults and minors, were neither notified nor consented, and no provision was made for minors' continuous trust.

p. 3
02

Court's power to act to prevent delay and injustice

Holding

The court invoked its power to revoke the grant suo motu in the interests of justice, holding all parties would be heard afresh once the grant was revoked.

Reasoning

The court reasoned that prolonging the revocation proceedings would prejudice the excluded beneficiaries while the 1st respondent, as sole beneficiary in control of the estate, had no incentive to conclude the matter; revocation allows all parties to be heard.

p. 3

Legal principles established

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  • A grant may be revoked where proceedings to obtain it were defective, material facts were concealed, and beneficiaries neither consented to the administrators nor to the mode of distribution.

Court orders

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  1. 1.The grant issued on 9th December 2010 and the certificate of confirmation of 14th September 2011 are revoked
  2. 2.A fresh grant to issue in the joint names of Mary Njoki Ngugi, Patricia Gathoni Echessa Kariuki and Beatrice Kamuyu Mwai
  3. 3.Any or all administrators at liberty to file a summons for confirmation of the grant within 60 days
  4. 4.The 1st and 2nd respondents to file the inventory required by Section 83(e) of the Law of Succession Act within the said period
  5. 5.The orders to be served on the respondents by the applicant's counsel
  6. 6.Mention on 29th April 2019 to confirm compliance
Jurisdiction invoked
Section 76 of the Law of Succession Act (revocation of grants of representation)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Estate of Wellington Kariuki Echessa (Revocation of Grant)", Case Analysis (2019). . Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.