REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT MAKUENI

SUCCESSION CAUSE NO. E190 OF 2023

IN THE ESTATE OF THE LATE COSMAS MUTUA KITILA………DECEASED

AND

IN THE MATTER OF AN OBJECTION TO MAKING OF GRANT BY:

1. FRANCIS MUASYA NDAVI…………………………..1ST OBJECTOR

2. FRANCIS MUTUA YANGATU……………..…………2ND OBJECTOR
AND

BRIGITA MBEKE MUTUA…………………………………….ADMINISTRATOR

NOTICE TO BY REGISTRY OF OBJECTION TO GRANT OF LETTERS

TO
BRIGITA MBEKE MUTUA
P. O.BOX 145-90300
MAKUENI

TAKE NOTICE that an objection was lodged in the Registry in the above succession cause no.
E190 of 2023, by FRANCIS MUASYA NDAVI AND FRANCIS MUTUA YANGATU whose
address of service is care of Omariba & Company Advocates, Newton House 3rd Floor room
306 KITENGELA P.O.Box 2012-00100 Nairobi email; omaribalaw@gmail.com and that of
the said objection is forwarded herewith.

DATED AT NAIROBI THIS DAY OF 2023

REGISTRAR
MAKUENI LAW COURT
 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT MAKUENI
SUCCESSION CAUSE NO. E190 OF 2023

IN THE ESTATE OF THE LATE COSMAS MUTUA KITILA………DECEASED

AND

IN THE MATTER OF AN OBJECTION TO MAKING OF GRANT BY:

3. FRANCIS MUASYA NDAVI…………………………..1ST OBJECTOR

4. FRANCIS MUTUA YANGATU……………..…………2ND OBJECTOR
AND

BRIGITA MBEKE MUTUA…………………………………….ADMINISTRATOR

(RULE 17(1) OF PROBATE AND ADMINISTRATION RULES AND ENABLING PROVISIONS

OF LAW)

TO

THE REGISTRAR AT MAKUENI

P O. BOX 145-90300
MAKUENI

TAKE NOTICE THAT FRANCIS MUASYA NDAVI AND FRANCIS MUTUA YANGATU,
hereby object to the grant of representation to the estate of the above named COSMAS
MUTUA KITILA (DECEASED) as sought in the petition of BRIGITA MBEKE MUTUA of P. o.
Box 145-90300 Makueni filed in the Chief Magistrate’s Court at Makueni Registry on the
interest of the said FRANCIS MUASYA NDAVI AND FRANCIS MUTUA YANGATU are real
beneficiaries to part of the Estate of the late COSMAS MUTUA KITILA (DECEASED). by way
of purchase but have not been included under the liability section of the petition for grant
made by the petitioner herein

GROUNDS OF OBJECTION ARE AS FOLLOWS:

1. The petitioner is aware that her late husband one COSMAS MUTUA KITILA
(DECEASED) had entered into agreements for sale of land with FRANCIS
MUASYA NDAVI AND FRANCIS MUTUA YANGATU on the various dates
between 2013 and 2018.

2. That the petitioner was one of the witnesses in the sale of the said suits of land.

3. That after the said purchase FRANCIS MUASYA NDAVI AND FRANCIS MUTUA
YANGATU took possession of the said land and are in active possession and
occupation.
 4. That the late COSMAS MUTUA KITILA (DECEASED) after the sale of the said did
not transfer the titles of the land to FRANCIS MUASYA NDAVI AND FRANCIS
MUTUA YANGATU notwithstanding full payments and facilitation for taking out
grant of representation from the father Clement Kitila Muinde.

5. That the objectors object to this grant because they have not been included as
beneficiaries in the estate of COSMAS MUTUA KITILA (DECEASED) and their
shares determined.

6. That the objectors stand to lose their interest in the estate of the late COSMAS
MUTUA KITILA (DECEASED) if the said grant is made and confirmed to the
petitioner as it is without including them as beneficiaries.

7. The petitioner is aware there is a citation being Makueni Citation number e034
of 2023 that promoted the filing of the Succession Cause No. E190 of 2023.

8. That it is in the interest of justice that this honourable court allows the objectors’
case to proceed according to the courts procedure and be determined and each
beneficiary to be allocated his/her rightful share since the objectors have not
been included as beneficiaries.

9. THAT at the opportune time the objectors shall file the supporting affidavit in
support of the objection with leave of court.

DATED AT KITENGELA THIS 6th DAY OF December 2023

……………………………………….
OMARIBA & COMPANY
ADVOCATE FOR THE OBJECTORS

DRAWN AND FILED BY:

OMARIBA & COMPANY ADVOCATES

NEWTON HOUSE 3RD FLOOR SUITE 306
NAMANGA ROAD/DELIVERANCE ROAD JUNCTION
P. O. BOX 2012-00100
NAIROBI.
TEL: 0718366966
EMAIL: omaribalaw@gmail.com