https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/349

In re Estate of Opicho (Deceased) (Succession Cause E325 of 2024) [2026] KEMC 349 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEMC 349 (KLR) Republic of Kenya In the Bungoma Law Courts Succession Cause E325 of 2024 RN Maloba, SPM July 23, 2026 IN THE MATTER OF THE ESTATE OF ISAAK WEKALAMOYO OPICHO.........DECEASED In the matter of Nathan Opicho Petitioner Ruling Background 1.This matter was instituted vide petition dated 03/10/2024. Upon gazettement of the petition, the court subsequently issued with a temporary grant in the name of the petitioner on 05/05/2025. The Petitioner has since filed ahis summons for confirmation of grant dated 17/12/2025. 2.In that summons, his specific prayers are; 1.That the said grant be confirmed. 2.That costs of this application be in the cause. The grounds in support of the said summons are that;a.The rightful beneficiaries have been identified.b.The statutory period of six (6) months has since lapsed and no objection has been raised.c.It is imperative that the grant be confirmed as per the attached mode of sharing. The deceased’s property that is meant to be distributed in land parcel No. Ndivisi/Makuselwa/284. 3.Indeed, a mode of distribution of the deceased’s estate was annexed to the affidavit in support of this summons. A consent on distribution of the same was filed. The same was endorsed by a total of five beneficiaries namely Nathan OpichoWekalamoyo, the Applicant, Julius Matere Wanyama, Kevin Wekalamoyo, Evans Ngome and John Wanyonyi Wekalamoyo. Hearing of the Summons by the Court 4.The summons was heard by the on 07/03/2026 whereby, some beneficiaries who appeared on that day, informed the court that they had relinquished their share in the estate. Those who relinquished their share were deceased’s daughters namely, Cynthia Nasirumbi, Gladys Sikhoyo, Lyn Khasokha and Everlyne Nafula. Issues for Determination 5.Before confirming the grant, the court must ascertain if the provisions of Section 71 of the Law of Succession Act have been complied with first. The other issue is with regard to costs of this application and petition in general. Determination 6.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. 7.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. Indeed, this is the case being that the grant he seeks confirmation of was issued on in his name on 05/05/2025. 8.Further to that, it is evident that the Applicant has duly identified the beneficiaries to court and filed a schedule of how their shares are to be allocated upon confirmation of grant. Other beneficiaries who did not feature in that schedule have since appeared in court and duly relinquished their shares in the estate. 9.Therefore, this is a non-contested matter in which, the beneficiaries have agreed on all aspects of it. The Issue of Costs 10.The Applicant’s prayer is that, the costs of this application be in the cause. This prayer is perfectly in order. It complies with provisions of section 839(c) of the Law of Succession Act.With that in mind, I would allow find merit in the summons herein, allow the same and make orders as hereinunder;1.That the grant issued to the Petitioner /Applicant on 05/05/2025 be and is hereby confirmed.2.That the consent on the mode of distribution dated 17/12/2025 be and is hereby adopted and deceased’s estate comprised in land parcel No. Ndivisi/ Makuselwa/284 is distributed to beneficiaries as follows;a.Nathan OpichoWekalamoyo - 1.2 Hab.Julias Matere Wanyama - 1.2 Hac.Kevin Wekalamoyo - 0.8 HAd.Evans Ngome - 0.8HAe.John Wanyonyi Wekalamoyo - 0.8 HA3.That this matter is 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 23RD DAY OF JULY 2026R. B. N MALOBA(MS)SENIOR PRINCIPLA MAGISTRATEIn the presence of;C/Asst- Mr. AggreyApplicant- in person