Mary Wanjiru Kangethe v John Gichaga Kangethe & another [2014] KEHC 2015 (KLR)

Facts

The deceased, Teresia Nyambura Kangethe, died intestate on 23rd October 2009. Her estate comprised land parcel No. LIMURU/BIBIRIONI/3725. The respondents obtained a grant in Succession Cause No. 111 of 2011, which was confirmed on 7th September 2011. The grant allocated 0.040Ha each to the 1st and 2nd respondents, 0.093Ha to the applicant, and 0.093Ha to Nancy Wambui Njuguna and Peter Mbugua Ng'anga.

Issues

1. Whether the applicant's consent was sought before the grant was confirmed.
2. Whether the beneficiaries (Nancy Wambui Njuguna and Peter Mbugua Ng'anga) were strangers to the estate and were given portions to her detriment.

Reasoning

The applicant's consent was not sought before the grant was confirmed, and she was not made aware that the matter was coming for confirmation. The decision regarding the number of beneficiaries and their respective shares was going to affect her, and she needed to be involved.

Outcome

The grant is revoked and the applicant is awarded the land parcel.