In re Estate of Mwongia alias Daniel Gitunga (Deceased) (Succession Cause 53 of 2013) [2026] KEHC 11876 (KLR) (30 January 2026) (Ruling) Neutral citation: [2026] KEHC 11876 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI SUCCESSION CAUSE 53 OF 2013 M MUYA, J JANUARY 30, 2026 IN THE MATTER OF THE ESTATE OF THE LATE DANIEL GITUNGA MURUA MWONGIA ALIAS DANIEL GITUNGA S/O MURWA MWONGIA (DECEASED) BETWEEN JOSHUA MAINA KARIUKI (SUBSTITUTED IN PLACE OF MARGARET WANJIRA KARIUKI) ........................................................................ 1ST APPLICANT JANE WANGECHI KIRETHI .......................................................... 2ND APPLICANT AND LUCY MUMBI ................................................................................ 1ST RESPONDENT GATHONI WAIRINDI ................................................................. 2ND RESPONDENT PATRICK WANYIRI WAIRINDI ............................................... 3RD RESPONDENT ANTHONY MAINA WAIRINDI ................................................ 4TH RESPONDENT KINYUA WAIRINDI .................................................................... 5TH RESPONDENT ALEX MWANGI WAIRINDI ....................................................... 6TH RESPONDENT RULING 1. The summons for revocation dated 17th January, 2013 seeks the following orders; 1. That the grant of letters of administration of the estate of the deceased made to Ann Wanjiru Muthee and Ann Nyambura Gitunga on 8th March, 1994 in Nyeri Principal Magistrate’s Cause No. 13 of 1992 be revoked and annulled on the grounds that; a. The grant was obtained fraudulently by the making of a false statement and concealment from the court of something material to the case. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11876/eng@2026-01-30 1
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2. b. 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. c. The grant has become useless and inoperative upon the death of the petitioners/ administrators. That the Honourable Court be pleased to find that the applicant is the rightful beneficiary of the above named Deceased. 2. The original applicant in this cause is Margaret Wanjira Kariuki who had sought the revocation of the grant issued to Anne Wanjiru Muthee (respondents mother) and Anne Nyambura Gitunga (Deceased wife). 3. Both were deceased at the time of filing the application. 4. This grant which was confirmed on 8th March, 1994 distributed the Estate comprised of L.R. No. Konyu/Gachuku/985 in the following manner; a. Anne Wanjiru Muthee --- 0.39 Ha. b. Anne Nyambura Gitunga --- 0.39Ha. 5. Subsequently, this grant was partially implemented and Anne Nyambura Gitunga got registered as heir of ½ share of LR. No. Konyu/Gachuku/985. 6. Upon the death of Anne Nyambura Gitunga the late applicant Margaret applied for administration of the Estate vide Succession Cause No. 126 of 1998. A certificate of confirmation of grant was issued on 6th November, 2019. 7. It is the respondents’ contention that this certificate was obtained with the intention of depriving the respondents of their mothers share of parcel No. LR. Konyu/Gachuku/985 as the Deceased applicant had misrepresented to the court that the whole parcel of land belonged to Ann Nyabura Gitunga but the Registrar only transferred the share belonging to Anne Nyambura to the Deceased applicant. Upon that realization, the Deceased applicant decided to move this court seeking to nullify the grant issued to the two Deceased persons though she had benefited by getting Anne Nyamburas 0.39 Ha share. 8. The applicants’ contention is that there is no concrete evidence to the effect that Ann Wambui Muthee indeed purchased an acre of land from LR. Konyu/Gachuku/985. 9. Further that the respondents mother is a stranger to the applicant’s family and was not a beneficiary or dependant of the Deceased. Determination and Conclusion Issues 10. Whether the grant which is sought to be revoked was obtained fraudulently by the making of a false statement and concealment of from the court of material facts. 11. Patrick Muchiri testified on behalf of all the respondents. His testimony was that his mother bought one (1) acre of land from the Deceased but died before acquiring a title. He has occupied and used the said piece of land for the last 37 years and made developments including his house. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11876/eng@2026-01-30 2
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12. The applicant himself in his list of documents did produce a letter from the area chief dated 16th January, 2012 in respect of the cause related to the Deceased Gitunga S/o Murua Mwongia. The chief acknowledges the fact that the deceased owned a parcel of land LR Konyu/Gachuku/985 jointly with Margaret Wanjira Kariuki but in the said land lives the family of the late Anne Wanjiru Muthee (respondents) 13. This is his own document, he cannot be heard to say that Ann Wanjiru Muthee and her children are strangers to the Estate of the Deceased. 14. When this matter was referred to a court annexed mediation, a partial settlement agreement was filed in court in which both the applicant and the 3rd respondent agreed that Plot No. Konyu/Gachuku/985 be demarcated and the applicant would cater for the costs of the surveyor. 15. I find that the grant issued to Ann Wanjiru Muthee and Ann Nyambura Gitunga on 8th March, 1992 does not violate the provisions of section 76 of the Law of Succession Act Cap 160 Laws of Kenya. 16. The application has no merit and it is dismissed with costs to the respondents. 17. The Land Registrar Nyeri to transmit 0.39 Ha of LR. No. Konyu/Gachuku/985 to the 1st respondent/ administrator. DATED, READ AND DELIVERED VIRTUALLY THIS 30TH DAY OF JANUARY, 2026. .............. MARTIN M. MUYA JUDGE In the Presence of: Court assistant – Isacko https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11876/eng@2026-01-30 3
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