JUDGMENT
The High Court decided that letters of administration should be granted to the widow Wangari Kimari (the first appellant) and to Samuel Gitere Kimari (the respondent). The grant leaves out Shem Kihoro (the second appellant).
The appeal encompasses a number of objections against the high court’s decision but Mr Gachomba, representing the appellants, has reconsidered his position. He finds that he cannot challenge the exercise of the discretion by the learned judge vested in him by virtue of section 66 of The Succession Act (cap 160). What Mr Gachomba now seeks is confirmation that the learned judge construed and adapted section 66 correctly to the facts before him.
The learned judge in our view correctly construed the phraseology of section 66 and its setting in the family of this deceased person. He noted correctly that section 66 gave him a final discretion to decide to whom letters of administration should ultimately be granted. But he also directed himself that the decision w…