A court battle has erupted over the estate of late Joseph Waweru Ng'ang'a, with two groups giving conflicting accounts of their relationship to the deceased. The dispute follows an application seeking the revocation of a Grant of Letters of Administration issued to Mary Wangui Waweru, Benson Ng'ang'a Waweru, and Charles Ndung'u Waweru, confirmed on January 28, 2016.
The applicants, George Njuguna Kelly, Dennis Lemayan Kelly, and the estate of late Humphrey Ng'ang'a Kelly, claim they are children and beneficiaries of Ng'ang'a, alleging they were deliberately excluded from the succession proceedings. They accuse the administrators of concealing material information and obtaining the grant through fraudulent means.
The applicants have challenged the validity of the chief's letter used in initiating the succession proceedings, arguing it was issued by a chief without jurisdiction over the area where Ng'ang'a was domiciled at the time of his death. They also dispute the deceased's place of death, with the administrators claiming he died at MP Shah Hospital in Nairobi, while the applicants argue the Gazette Notice contained an incorrect statement.
At the heart of the case is an unresolved dispute over whether the applicants are biological children of Ng'ang'a. Benson Ng'ang'a denies that the applicants were children, stepbrothers, or half-brothers of the deceased's known children, stating that Ng'ang'a was married to Mary Wangui Waweru in 1968 and that the marriage was his only marriage.
The administrators argue that the applicants have not produced sufficient evidence establishing paternity or dependency, citing the absence of documents such as birth certificates, school-fee records, and medical records. They also rely on the fact that the applicants were not listed in the funeral program and did not participate in the deceased's family life or burial arrangements.
The applicants argue that they previously sought DNA testing to resolve the paternity question, but the administrators refused despite correspondence exchanged in October 2024. The parties have also taken opposing positions on the legal significance of the chief's introductory letter, with the applicants describing it as mandatory in succession proceedings and the administrators rejecting that interpretation.
The applicants are seeking the revocation of the grant, restraining the administrators from dealing with the estate, and inhibiting dealings with properties listed in the confirmed grant. The administrators oppose the application, maintaining that the grant was lawfully obtained and that the applicants have failed to establish a legal basis for revocation.
Key points
- The dispute centers on allegations of fraud in obtaining the Letters of Administration and the true beneficiaries of Joseph Waweru Ng'ang'a's estate.
- The applicants claim they are biological children of Ng'ang'a and were deliberately excluded from the succession proceedings.
- The administrators argue that the applicants have not provided sufficient evidence to establish paternity or dependency.
