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Original judgment

John Muchiri Nduati v Nancy Nyambura Nduati & 1 other

In re Estate of Josiah Nduati Muchiri (Deceased) (Succession Cause 131 of 2016) [2025] KEHC 16128 (KLR) (6 November 2025) (Ruling) Neutral citation: [2025] KEHC 16128 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 131 OF 2016 SM MOHOCHI, J NOVEMBER 6, 2025 IN THE MATTER OF THE ESTATE OF JOSIAH NDUATI MUCHIRI (DECEASED) BETWEEN JOHN MUCHIRI NDUATI ..................................................................... APPLICANT AND NANCY NYAMBURA NDUATI .................................................... 1ST PETITIONER KAE ROWYNA WANJIKU NDUATI ........................................... 2ND PETITIONER RULING 1. This Court has considered the summons for revocation of grant dated 5th February, 2025 and finds favour in the same for the following reasons: i. The proceedings to obtain the grant were defective in substance. ii. The petitioners concealed from the Court material including disclosure of beneficiaries and assets of the deceased. iii. And the grant was obtained by means of untrue allegations of facts essential in points of law. 2. I have no hesitation in thus allowing the application in terms of prayers No. (6), (7) and (8). 3. The Applicant is accordingly appointed as an administrator. 4. The administrator is to present a summons for confirmation of grant within 90 days. Mention after 90 days. 5. Any party aggrieved with this ruling has a 45 days leave to appeal which period shall act as stay period. 6. Mention on 10th February, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16128/eng@2025-11-06 1

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SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 6TH DAY OF NOVEMBER, 2025 MOHOCHI S.M JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16128/eng@2025-11-06 2

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