SISILIA MWIKALI KIRWA V. H C & JAMES KIPROTICH

JUDGMENT OF THE COURT

This is an appeal from the decision of the High Court of Kenya at Kakamega (S. J. Chitembwe, J.) given on 20^th March 2014 revoking the grant of Letters of Administration Intestate issued to the appellant with respect to the estate of Leah Chesongony Cheruiyot, the deceased.

Background

Leah Chesongony Cheruiyot, (the deceased), died on 20^th May 1992 aged 68 years. About 17 years later, her daughter in law Sisilia Mwikali Kirwa, also referred to by the name Cecilia (Sisilia) petitioned the High Court at Kakamega in Succession Cause No. 25 of 2009 for grant of Letters of Administration intestate of the estate of the deceased. In the affidavit in support of the petition in which she described her relationship to the deceased as “widow”, Sisilia set out the following persons as surviving the deceased:-

(a) Sisilia Mwikali Kirwa - Daughter

(b) Kiprotich James Sironei - Grand son

(c) Elizabeth Chepkoech - Grand daughter

(d) Isaack Matheka - Grand son

(e) Mbeke Hilton Cheti …