JUDGMENT OF THE COURT
This is an appeal against a ruling dated 2nd August 2019 delivered by A. Ongeri, J. vide which she confirmed the Grant of Probate issued on 19th December 2013 to Christine Gakuhi Kubai (the respondent) based on a Will dated 19th January 1991 (“the Will”) of Fredrick Polwarth Kibuthu Kubai (the deceased).
A synopsis of the facts is that the deceased died testate on 1st June 1996 survived by five (5) wives. The respondent filed for a petition of Grant of Probate in Succession Cause No. 1860 of 1996 while Samson Owen Kubai Kibuthu, Stephen Gideon Kibuthu F. Kubai, Gideon Blacklaw Kubai and Martin Gideon Kubai in their capacities as sons of the deceased, filed Succession Cause No. 1940 of 1996 in which Grant of Letters of Administration were issued and subsequently confirmed on 4th March 1998 by Sheikh Amin, J.
It suffices to state at the outset that the appellant is a grandchild of the deceased.
The respondent got wind of the issuance of the grant, and by an application…