REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA SUCCESSION CAUSE NO.435 OF 2015 IN THE MATTER OF THE ESTATE OF SHABULIMO MULOCHI aka JOSEPH SHAVULIMO MULOCHI (DECEASED) JOHN MWANULI SHABULIMO------------------------------------- PETITIONER/ DECEASED JAMES ACHEVI JOSEPH--------------------------------- ADMINISTRATOR/ RESPONDENT AND MUSA MAKAI MULOCHI------------------------------------------OBJECTOR/APPLICANT RULING ON SUMMONS FOR REVOCATION OF THE GRANT 1. The Applicant herein filed summons for revocation of the grant dated 14th August 2025 under section 76 of the Law of Succession Act and Rules 444 (1) of the Probate and Administration Rules seeking the following orders; a) The grant of letters of administration intestate issued on 9/5/2019 to JOHN MWANULI SHABULIMO be revoked. b) THAT a new grant be issued to the objector/ applicant c) The new administrator to implement the orders of this court dated 12/12/2023 and issued on 9/8/2023. d) The Registrar of this court be empowered to execute such documents as are necessary to survey and distribute and transmit the estate of the deceased in accordance with the judgment of this court dated 23/12/2022. 2. The summons for revocation of the grant was supported by the affidavit sworn by the objector/ applicant, sworn on the same day, KK. HSUCC 435 OF 2015 - RULING PAGE 1
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where he avers that on 9/5/2019, the current administrator was substituted in place of the former administrator who had died. 3. That on 23/12/2022, Hon. Justice W.M Musyoka delivered a judgment after hearing the protest to the confirmation of the grant and ordered that the parcel of land KAKAMEGA/SHIRU/930 be distributed equally, including the objector. 4. He claimed that the administrator had not discharged his legal duties despite the orders issued by this court. He asserts that the court had given the administrator 30 days to comply, prompting him, the applicant, to file the current application to ensure that the estate's transmission is enforced to the respective beneficiaries. 5. I have perused the court records and find that the respondent/ current administrator had not filed any response to the application. Analysis and determination. 6. I have considered the application before me. The applicant herein seeks revocation of the existing grant and that the court appoints him as the administrator, given the non- compliance of the current administrator to execute the orders issued by Justice W.M. Musyoka on 23rd December 2022. 7. Section 76 of the Law of Succession Act provides the grounds for revocation as follows: “A grant of representation, whether or not confirmed, may be revoked or annulled if the court is satisfied— KK. HSUCC 435 OF 2015 - RULING PAGE 2
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(a) that the grant was obtained fraudulently by making a false statement or by concealment from the court of something material to the case; (b) that the grant was obtained through wilful misrepresentation or concealment of any material fact; (c) that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently; (d) that the person to whom the grant was made has failed, after due notice and without reasonable cause, to administer the estate according to law; or (e) that the person to whom the grant was made has, without reasonable cause, failed to produce or exhibit to the court such inventory or account as may be required by the court under the provisions of this Act or the Probate and Administration Rules.” 8. Failure to administer the estate according to law and in compliance with court orders falls squarely under paragraph (d). Courts have consistently held that an administrator who neglects or refuses to distribute the estate after confirmation acts contrary to his fiduciary duty. 9. The duty of an administrator is not merely to obtain the Grant but to diligently administer and distribute the estate in accordance with the orders issued by the courts. KK. HSUCC 435 OF 2015 - RULING PAGE 3
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10. Upon perusal of the court records, I do note that my predecessor, Hon. W.M. Musyoka, delivered a clear judgment on 23 rd December 2022 KAKAMEGA/SHIRU/930 directing equal among beneficiaries, the distribution including of the Applicant. 11. However, more than 2 years have already passed since the judgment was issued, and the current administrator, James Achevi Joseph, has not taken any steps to comply with the court's directions, and he has not offered any reasonable explanation for the non-compliance. 12. The Applicant herein is a direct beneficiary of the estate, and he has expressed a direct interest in his shares as was granted by this court. Allowing the current administrator to continue without him showing any interest or effort to administer would perpetuate a great injustice, and it would frustrate this court’s orders. 13. In the circumstances, revocation is not only justified but necessary to give effect to the judgment of this court and to protect the rights of all beneficiaries. In this case it would be appropriate for this court to issue a fresh grant to the applicant who has shown his willingness to implement the distribution as per this court’s orders. 14. In accordance, I do order that the grant of letters of administration issued to James Achevi Joseph on 9 th May 2019 is hereby revoked and a fresh grant of letters of administration is issued to the objector/ applicant herein, Musa Makai. KK. HSUCC 435 OF 2015 - RULING PAGE 4
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15. The new Administrator shall, within forty-five (45) days from the date of this Ruling, take all necessary steps to survey, subdivide (where applicable), transmit, and distribute Land Parcel KAKAMEGA/SHIRU/930 in strict compliance with the judgment of this court dated 23rd December 2022. 16. In default of compliance by the Administrator, the Deputy Registrar of this court is hereby empowered to execute all documents necessary for the survey, transmission, and distribution of the estate in accordance with the said judgment. 17. Costs of this Application shall be borne by the estate. 18. Mention 1.10.2026 for compliance. 19. Right of Appeal 30 days. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 13th DAY OF JULY, 2026. S.MBUNGI JUDGE In the presence of:CA: Zildah/Velma Applicant present. Respondent absent though aware of the ruling date. Court Assistant to upload the ruling on the CTS. KK. HSUCC 435 OF 2015 - RULING PAGE 5
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