https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9856

In re Estate of Mulembo (Deceased) (Succession Cause E030 of 2024) [2026] KEHC 9856 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9856 (KLR) Republic of Kenya In the High Court at Bungoma Succession Cause E030 of 2024 E Ominde, J June 30, 2026 IN THE MATTER OF THE ESTATE OF NATHAN KALEKWA MULEMBO (DECEASED) Between Delreakey Olembo Olekwa Petitioner and Delreakey Olembo Olekwa 1st Petitioner Leonard Mbagaya 2nd Petitioner Ruling 1.This matter is coming up for Confirmation of Grant pursuant to the Summons for Confirmation dated 19th February 2026 filed by the 1st and 2nd Petitioners/Administrators. I note that the summons to attend court issued to all the Beneficiaries has been filed and all are signed as received. 2.In this regard, I am satisfied that service has been effected upon all the Beneficiaries as the court had directed at the mention of 25th May 2026. Further, the court notes that out of a total of 63 Beneficiaries, 41 are present today in person and /or by way of a Representation. For this reasons the court shall proceed with the summons for confirmation. 3.The proposed mode of distribution has been read out and all the Beneficiaries present are agreed to the same save for the issue raised by David Mindet Barasa who states that his father is recently deceased and he has not been allocated to any shares and neither has he or his deceased mother been allocated any shares. That the only person who has benefited is his father’s second wife one Nora Khavale Barasa . 4.The said Nora Barasa on her part prays that she be allocated her shares in her names. Irene Nafuna Muchema on her part wanted the court to confirm if the shares of land are in acres of hectares. That they ought to be in acres. 5.The Administrator Delreaky confirmed and stated that the portions of land are in acres and not hectares. That Further, he is ready to look into the issues raised by David Mindot Barasa . 6.I have perused the Record. Throughout the proceedings the land has been described to be in acres. I note that the description in hectares only came about in the Further Affidavit dated 24th June 2026. The Court therefore finds the land parcels are in acres and not hectares. 7.Secondly, I have noted that in the said Further Affidavit that the shares of the deceased Shem Barasa Maloba who is the father of David Mindet Barasa who objected to the distribution as herein stated. The same is indicated therein to be 1.00 Ha out of LR. No. Bungoma/Naitiri/325. It is also stated that the Family agreed that it be allocated to the deceased surviving wife Nora Kitavali Barasa herein mentioned. The court further notes that the said parcel was the further redistributed as therein indicated at paragraph 5. 8.The court notes that as stated by David Mindot Barasa, their house, has not at all been catered for. For this reason, the court now hereby directs that the grant shall not be confirmed as yet but that the Administrator is advised to Amend the proposed Mode of distribution with respect to LR. No. Bungoma/Naitiri/325 and have the share that was allocated to the deceased Shem Barasa Maloba distributed amongst the surviving members of his household taking into account the number of wives (Houses ) that he had, as the Administrators shall Agree. That proposed distribution however must be just and fair to the members of the late Shem Barasa’s Household. 9.The amended Mode of distribution is to be filed within the next 45 days. Only the administrator(s) and members of that household are to attend at the next mention and all the other beneficiaries today present whose consent to the Mode of Distribution as read out today have been obtained and recorded need not attend. 10.Mention on 7th October 2026. READ DATED AND SIGNED AT BUNGOMA ON 30TH JUNE 2026E. OMINDEJUDGE