https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/342

**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **SUCCESSION CASE NO. E208 OF 2024** **HILARIO WANYONYI WANGEMBE…………………..…..DECEASED** **AND** **JOHN WEKESA WANYONYI……………….……………..PETITIONER** **RULING** **Background** This matter was instituted vide petition dated 04/07/2024. Upon gazettement of the petition, the court subsequently issued a temporary grant in the name of the petitioner on 16/11/2024. The Petitioner has since filed his summons for confirmation of grant dated 26/06/2025 In that summons, his specific prayers are; 1. That the said grant be confirmed. 2. That costs of this application be in the cause. In his supporting affidavit sworn on 26/06/2025, the petitioner/ applicant raised the following grounds in support of this summons; 1. That no application for provision of a dependant is pending. 2. No estate duty is payable or remains unpaid in respect of the estate of the deceased as comprised in land parcel No. W. BUKUSU/ S. MATEKA /2247. 3. That identification and the shares of all persons beneficially entitled to the said estate have been ascertained. Annexed was a consent by the beneficiaries on the sharing of estate. A consent by the beneficiaries on the mode of distribution was filed. **Hearing of the summons by the court** The summons for confirmation of grant was heard this morning. A ruling was reserved for 12:00pm. **Issues for determination** The main issue for determination is whether the Applicant has complied with provisions of section 71 of the Law of Succession Act and whether the grant issued is ripe for confirmation. **Determination** The court has considered this summons and the accompanying documents. Section 71 of the Law of Succession Act provides that a grant should confirmed after expiration of six months or such a shorter period as the court may direct depending on necessitating circumstances. The grant was issued in this cause on 16/12/2024 and so, it is ripe for confirmation. Concerning other conditions to be met before confirmation of grant, it is evident that the Applicant has duly identified the beneficiaries to court and filed a schedule of distribution. The same outlines the manner of sharing of the deceased’s estate. A consent by beneficiaries on the same is on record. Therefore, the matter is non-contested. **The issue of costs** 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 83 (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 16/12/2024 be and is hereby confirmed. 2. That the consent on the mode of distribution dated 26/06/2025 be and is hereby adopted and deceased’s estate comprised in land parcel No. W. BUKUSU/ S. MATEKA /2247 is distributed to beneficiaries as follows; 3. John Wekesa Wanyonyi - 0.20 Ha 4. Benjamin Wafula Wanyonyi -0.20 Ha 5. Patrick Bukhebi Wanyonyi -0. 20HA 6. Philip Wanjala Wanyonyi - 0.20 Ha 7. Jackson Nyongesa Wanyonyi - 0.20 Ha 8. Pius Waswa Wanyonyi -0.20 HA 9. Francis Wamalwa Wanyonyi - 0.20 Ha 10. Grace Wabwile Wanyonyi - Nil 11. Florence Wabwile Wanyonyi- Nil. 12. 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 2026 In the presence of; C/Asst- Mr. Aggrey Applicant in person Mr. Simiyu for Mr. Ateya for the Applicant **R. B. N MALOBA(MS)** **SENIOR PRINCIPLA MAGISTRATE** Parties have agreed a mode of distribution of the deceased’s estate upon confirmation. Consents to that effect are on record. In the circumstance, I would allow the Summons dated 26/6/2025 and confirm the Grant issued to Petitioner on 16/12/2024. In terms of distribution, the Consent dated 26/6/2025 is adopted. It is so ordered. File closed. **Hon. R. B. N. Maloba** **SPM** **23/7/2026** **Ruling dated and delivered in Open Court on this 23rd day of July 2026.** **Hon. R. B. N. Maloba** **SPM** **23/7/2026**