BEN KUMBUTI WASILWA
V.
SHIKUKU MASON SITERA & ANOTHER

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

SUCCESSION CAUSE NO. 59 OF 2011

RE ESTATE OF WILSON WACHENDA ASONI

BEN KUMBUTI WASILWA..........................................OBJECTOR

VERSUS

SHIKUKU MASON SITERA........................................PETITIONER

EVERLYNE NAKHUNGU JUMA................................RESPONDENT

RULING

Shikuku Mason Sitera and Everlyne Nakhungu Juma (to whom I will refer as the applicants) pray for stay of execution of the ruling and order the High Court (Ngenye-Macharia J.) made on 28^th March 2013 pending the hearing and determination an appeal to the Court of Appeal. The High Court revoked the grant of letters of administration intestate confirmed on 9^th September 2012. The grant was annulled on the grounds that the applicants concealed material facts from the court.

The applicants have lodged a notice of appeal dated 3^rd April 2013 in the High Court. They have also filed a memorandum of appeal at the Court of Appeal on 3^rd June 2013.

The grounds of the m…