In re Estate of Thomas Nyakang’o Abere (Deceased) [2021] KEHC 13010 (KLR)

Summary at a glance

Facts

The deceased, Thomas Nyakang’o Abere, died intestate on 12th April 2017. A joint grant of letters of administration was issued to his second wife, Lucy Mokeira Omboga, and his sister, Christine Kemunto Mariita, on 5th June 2018. The estate included a house in Umoja and KCB shares. The applicant, Charles Osindi Nyarangi, applied to revoke the grant due to non-disclosure of the deceased's first family.

Issues

• Non-disclosure of the deceased's first family in the petition for grant
• Validity of the deceased's alleged will

Reasoning

The failure to disclose the deceased's first family in the petition for grant constitutes non-disclosure of material facts, which is sufficient to revoke the grant. The deceased's alleged will is not valid due to the deceased's serious illness and pain at the time of execution.

Outcome

Grant revoked, certificate of confirmation set aside

Orders

• Grant revoked
• Certificate of confirmation set aside
• Recall of both the grant and the certificate of confirmation

Remedies

• Costs to be borne by the respondents

Authorities cited