Peter Mwai Mutugi v Monica Wambui Mutugi & another [2016] KEHC 8290 (KLR)

Facts

The deceased died intestate on 24th July 1985. The applicant, Peter Mwai Mutugi, sought to have the grant of letters of administration to the 1st respondent, Monica Wambui Mutugi, and the 2nd respondent, Labanson Maina Mutugi, revoked and annulled. The 1st respondent and 2nd respondent were not the only beneficiaries of the estate, as the deceased had other children who were not indicated, cited, or provided for in the distribution of the estate.

Issues

1. Revocation of grant of letters of administration
2. Inclusion of non-deceased property in the estate

Reasoning

The deceased had other children who were not indicated, cited, or provided for in the distribution of the estate. The applicant, Peter Mwai Mutugi, was one of the sons of the deceased who had not been included or provided for, and he was the registered proprietor of land parcel Kiine/Nyangio/238, which was not available for distribution as it did not belong to the deceased.

Outcome

The grant of letters of administration was revoked and annulled.