https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/341

**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **SUCCESSION CASE NO. E082 OF 2023** IN THE MATTER OF THE ESTATE OF FEMENES MUSIMBI…………………...DECEASED =AND= GEORGE RICHARD…………………..……………………………………………………....PETITIONER **RULING ON SUMMONS FOR CONFIRMATION OF GRANT** **Background** The Petitioner filed this petition in court on 30/03/2023. Upon gazettement of the petition, he was subsequently issued with a temporary grant on 06/11/2024. It is this grant which he now seeks to be confirmed vide his summons for confirmation of grant dated 07/03/2026. In that summons, his specific prayers are; 1. That the said grant be confirmed. 2. That costs of this application be in the cause. He explained in his grounds in support of the said summons that; 1. The beneficiaries involved have been identified. 2. The statutory period of six (6) months has since lapsed. 3. No objection has been lodged against the grant. 4. It is imperative that the grant be confirmed as per the attached mode of sharing. Indeed, a mode of distribution of the deceased’s estate was annexed to the affidavit in support of this summons. The same bears signatures of all the five (5) beneficiaries identified to benefit from distribution of the estate. However, the Applicant filed a further affidavit sworn on 11/02/2026 clarifying the true identities of the properties or assets which are qualify for distribution. In that affidavit, he dropped the shares in Kipande and KTDA which featured in the schedule amongst others. **Proceedings leading to Confirmation** The summons came up for hearing variously on 22/05/2025, 21/07/2025, 06/10/2025 and finally on 17/11/2025. During the hearing, the petitioner was directed to file searches on some of the properties. He duly complied. However, he was unable to secure details on the shares which the deceased held in KTDA and other entities mentioned in the proposed mode of distribution. As such, he opted to file a Certificate of Confirmation of Grant in High court at Kakamega Misc. Civil Appl. No. 6 of 1999: In the Matter of Estate of Absolom Ganira Mumata- Deceased as proof of ownership by the deceased of the said shares by transmission. The court has considered this summons and the accompanying documents. It is to be determined whether the Applicant has complied with provisions of Section 71 of the Law of Succession Act to warrant confirmation of grant and distribution of the deceased’s estate. The said section provides that confirmation of grant may be done after expiration of six months or such a shorter period as the court may direct. The Applicant stated that the waiting period of six months has since lapsed. The grant he seeks confirmation of was issued on 07/03/2025, over six months ago. Further to that, it is evident that the administrator has duly identified the beneficiaries to court and even outlined their respective shares. The properties sought to be distributed to the beneficiaries are known too. Therefore, this is a non-contested matter in which, the beneficiaries have agreed on all aspects of it. Their agreement is that the two properties earmarked for sharing be allocated to the Applicant who shall hold them in trust for all of them. With that in mind, I would allow the summons herein and proceed to confirm the grant as prayed. Having done so, I would now adopt the mode of distribution set out in paragraph 4 of the Applicant’s further affidavit sworn on 11/02/2026 as follows; 1. Land parcel No. MARAGOLI/ LUSIOLA/760 George Richard Omula – to hold for himself and in trust for the other beneficiaries namely Edward Amuga Ganira, David Lungaho Ganira,Tom Amusha Ganira , Patrick Kidiya Ganira and Alice Ilavoga Ganira. 2. Land Parcel No. BUNGOMA/ NDALU/1057- to hold for himself and in trust for the other beneficiaries namely Edward Amuga Ganira, David Lungaho Ganira,Tom Amusha Ganira , Patrick Kidiya Ganira and Alice Ilavoga Ganira. 3. Matter to be mentioned after six (6) months for rendering of accounts and winding up of the estate as provided for under Section 83 (g) and (h) of the Law of Succession Act. Dated & Delivered in open court this 25th day of June 2026 In the presence of; C/Asst………………………………………………………….. Applicant………………………………………………………. **R. B. N MALOBA(MS)** **SENIOR PRINCIPLA MAGISTRATE**