Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
High CourtAllowedNot stated in the judgment (succession cause instituted in 2006, transferred to Meru)

In re Estate of Kiambati Rufus M'Impiia (Deceased) - Summons for Revocation of Grant

High Court of Kenya
16 September 2020
2,499 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

If a will exists or if heirs are unfairly excluded from property, the court can revoke the existing grant and restart the process.

What this practically means

#

Executive summary

#
The applicants, daughters of the deceased, sought revocation and annulment of a grant of letters of administration issued on 9/10/2007 to the late Glory Nkuene Rufus and Martin Koome Kiambati, under Section 76 of the Law of Succession Act. They contended the proceedings were defective, that they neither participated in nor signed the cause documents, that they were excluded from the distribution or given non-existent shares in Kenya Grain Growers Co. Union, and that a written will of the deceased dated 26/12/1999 had been discovered which distributed the estate between the two households. The respondent opposed, asserting the applicants were aware of the cause, that the 3rd applicant introduced the advocate who filed it, and that he voluntarily shared rent with some sisters. The court found the applicants had signed the consent form to the petition and were aware of the cause, their forgery allegations being unproven under Section 109 of the Evidence Act. However, the consent form to distribution bore no signatures, and the certificate of confirmation showed daughters excluded from real property - a grave discrimination. Further, non-disclosure of the discovered will made the proceedings fatally defective. The court revoked the grant, issued a fresh grant of letters of administration with will annexed to Martin Koome, Jennifer Karwirwa and Fridah Nkatha Kiambiti, and directed confirmation within 14 days with liberty to file protests. The validity of the will was reserved for a proof-of-will trial. No costs order was made.

Key legal issues

#
01

Whether the applicants, as daughters of the deceased, were aware of and consented to the cause

Holding

The applicants were aware of the cause; they signed the consent form to the petition and their unchallenged introduction of the advocate proved knowledge, but they did not consent to the distribution.

Reasoning

The Chief's letter and petition documents listed the applicants as daughters, and the consent form to the petition bore their signatures. Under Section 109 of the Evidence Act, he who alleges must prove, and the applicants produced no proof that the signatures were forged. The respondent's unchallenged oath evidence that the 3rd applicant introduced the advocate confirmed awareness.

p. 2
02

Whether the distribution of the estate discriminated against the daughters

Holding

Yes - the exclusion of the daughters from real property was grave discrimination amounting to a potent ground for revocation.

Reasoning

The certificate of confirmation showed the substantial property went to the 2nd house widow, Martin and the children of the late Aaron Kimathi, while daughters received only alleged non-existent KGGCU shares or nothing. No renunciation or lawful justification for the exclusion was shown, and the respondent's voluntary sharing of rent could not substitute the daughters' statutory inheritance rights.

p. 4
03

Whether the discovered will rendered the grant liable to revocation

Holding

Yes - non-disclosure of the will dated 26/12/1999 made the proceedings fatally defective in form and substance.

Reasoning

A certified translation of a Kimeru document bearing the deceased's and witnesses' signatures showed the deceased distributed his estate between his two houses. The court declined to pronounce on the will's validity, reserving that for a trial for proof of will under sections 5 and 11 of the Law of Succession Act, but held that concealing it was a fatal blow to the grant.

p. 4

Legal principles established

#
  • Daughters of a deceased person have an equal right as children to inherit and their rights do not depend on the goodwill of a brother.
  • Non-disclosure of an existing will in probate proceedings is a fatal defect justifying revocation of a grant.
  • A statement made on oath that is not expressly denied on oath remains a fact.

Court orders

#
  1. 1.The grant of letters of administration issued on 9/10/2007 is revoked
  2. 2.A fresh grant of letters of administration with will annexed is issued to Martin Koome, Jennifer Karwirwa and Fridah Nkatha Kiambiti
  3. 3.Jennifer and Fridah to apply for confirmation of grant within 14 days and serve all beneficiaries
  4. 4.Parties at liberty to file and serve affidavits of protest within 14 days of service
  5. 5.Directions to be given on a date the court shall appoint
  6. 6.Proceedings to be conducted as for a grant of letters of administration with will annexed since the will named no executor
Jurisdiction invoked
Section 76 of the Law of Succession Act (Cap 160) and Rules 44, 49 and 73 of the Probate and Administration Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "In re Estate of Kiambati Rufus M'Impiia (Deceased) - Summons for Revocation of Grant", Case Analysis (2020). Not stated in the judgment (succession cause instituted in 2006, transferred to Meru). Source: 

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