BENA NAFULA MAKANA,ELECTINE ADHIAMBO ODUORI & ANYANGO WABOMBA V. NYAORO AKOTH MUKA CRESCENTIA,EPHREM SANDE MUKA,EUGENE WESONGA MUKA,FERDINAND OKELLO MUKA,VINCENT OPIYO MUKA,CHRISPINUS ODONGO MUKA,KIZITO OCHIENG MUKA,BENJAMIN WABWIRE MUKA & FRANCIS OWASE MUKA

JUDGMENT OF THE COURT

[1] This is an appeal from the High Court (F. Tuiyot, J.) dated 12^th February, 2015, dismissing an application by the appellants in this appeal for revocation of a Grant of letters of administration intestate issued to Nyaoro Akoth Muka Crescentia on 4^th June, 2002.

[2] The 1^st appellant is a widow of Gaitano Ekesa Makana (Gaitano) who died on 8^th August, 1984. Gaitano had three wives – Mary Makana (deceased) who had three children, Jacob Muka Makana, Veronica Akoth (deceased) and Clara Mugeni. The second wife is the 1^st appellant and has one daughter Electine Adhiambo Oduori (the 2^nd appellant herein). His third wife was Trufena Nyangili (deceased) who had three children; Elizabeth, Anyango Wabomba (3^rd appellant), and Michael Oduor Makana.

[3] On 1^st October, 1968, Gaitano was registered as proprietor of land title No. Bukhayo/Malanga/211 comprising of 58 acres. On 8^th June, 1974, Gaitano transferred the whole land to his son Jacob Muka Makana (Jacob) as a gift wh…