https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10421
The application was allowed because all beneficiaries were present and did not oppose the requested orders, so the court granted the addition of the applicant as co-administrator, inclusion of the disputed parcel in the estate, and review of the grant with the proposed distribution.
Source-derived case information.
- Citation
- [2026] KEHC 10421 (KLR)
- Parties
- Applicant: Batroba Ahkungu Makomere
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 44 of 2007
- Procedural Posture
- Probate and Administration / Ruling on Notice of Motion for Addition of Administrator, Inclusion of Property in Estate, and Review of Grant
- Outcome
- Application allowed in its entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Rectification of Grant, Addition of Co Administrator, Identification of Estate Property, Distribution of Intestate Estate, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Batroba Ahkungu Makomere
Applicant
Procedural Posture
Probate and Administration / Ruling on Notice of Motion for Addition of Administrator, Inclusion of Property in Estate, and Review of Grant
Legal Issues
- 1 Whether the applicant should be added as a co-administrator to the estate
- 2 Whether Land Parcel No. Marama/Shibembe/425 should be included as part of the deceased's estate
- 3 Whether the grant issued on 18 October 2011 should be reviewed and the distribution amended
Ratio Decidendi
The application was allowed because all beneficiaries were present and did not oppose the requested orders, so the court granted the addition of the applicant as co-administrator, inclusion of the disputed parcel in the estate, and review of the grant with the proposed distribution.
Court Disposition
Application allowed in its entirety.
Orders
- Applicant added as one of the co-administrators to the estate.
- Land Parcel No. Marama/Shibembe/425 added as part of the deceased's estate for purposes of intestate administration.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Wakhungu (Deceased) (Probate & Administration 44 of 2007) [2026] KEHC 10421 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 10421 (KLR) Republic of Kenya In the High Court at Bungoma Probate & Administration 44 of 2007 E Ominde, J July 2, 2026 In the matter of Batroba Ahkungu Makomere Applicant Ruling 1.Before this court is a Notice of motion dated 16th March 2026 seeking the following orders;a.Spentb.That this Honourable Court be pleased to add the applicant as one of the Co-administrators to the Estate of the Deceasedc.That this Honourable Court be pleased to add Land Parcel No. Marama/Shibembe/425 as part of the deceased person’s Estate for purposes of its administration intestate.d.That this Honourable Court be pleased to Review the Grant issued on 18th October 2011 where Land Parcel No. Marama/Shibembe/425 measuring 0.97 Ha be distributed as follows:i.Batroba Ahkungu Makomere 0.18 Haii.Habakuku Masai Makomere 0.416 Haiii.Hellekia Ong’ondo Shitandi 0.3 Hae.Any other order that this Honourable court may deem just and fit. 2.The application is premised on the grounds on the face of it and the facts deponed in Supporting affidavit of Batroba Ahkungu Makomere sworn on 16th March, 2026. 3.All beneficiaries are present in court either physically and/or virtually and not being opposed to the application dated 16th March, 2026, the same is now hereby allowed in its entirety. A Rectified/Ammended Certificate of Grant is to issue and this file is now hereby closed. READ DATED AND SIGNED AT BUNGOMA ON 2ND DAY OF JUNE, 2026E. OMINDEJUDGE