Mary Wangari Karitu & another v Mary Wangui Kingora & another [2015] KEHC 1025 (KLR)

Facts

The deceased, Joseph Mbugua Thuku, had two sisters, Mary Wangui Kingora and Margaret Wambui Githaiga, who are the objectors. The petitioners, Mary Wangari Karitu and Samuel Thuku Mbugua, are the wife and son of the deceased, respectively. The properties listed in the petition as part of the estate of the deceased are NAIVASHA/MWICHIRINGIRI BLOCK 1/149 and NAIVASHA/MWICHIRINGIRI BLOCK 1/437 registered in the name of the deceased in 2006.

Issues

1. Whether the petitioners have standing to claim the estate of the deceased's mother
2. Whether the impugned grant issued to the deceased was obtained through suppression of material facts

Reasoning

The deceased stood on an equal footing with the objectors as far as the estate of their deceased mother was concerned. The impugned grant was obtained through suppression of material facts regarding the existence of other beneficiaries (the objectors).

Outcome

The impugned grant will be revoked and a joint grant in the names of the petitioners and objectors will be issued.