Alex Mwenda Mwirigi v Rodah Karimi Jadiel [2016] KEHC 1840 (KLR)

Facts

The applicant, Alex Mwenda Mwirigi, seeks revocation of a grant issued to the respondent, Rodah Karimi Jadiel, under section 76 of the Law of Succession Act. The grant was issued in the estate of Nicholas Muriungi, deceased. The applicant claims he was not aware of the proceedings, did not sign any documents, and that some estate properties were left out.

Issues

1. Whether the proceedings to obtain the grant were defective in substance
2. Whether the grant was obtained fraudulently by the making of a false statement or by the concealment of something material to the case
3. Whether the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant

Reasoning

The court considers the applicant's claims and the evidence presented, concluding that the grant should be revoked due to the applicant's lack of awareness and the omission of some estate properties.

Outcome

The grant is set aside.

Authorities cited