[2023] KEHC 2698 (KLR)
The court found that the administrators failed to group the beneficiaries according to their respective fathers, making it impossible to determine the proper share for each household. To avoid further delay, the court ordered that the estate property, Marama/Shibembe/998, be distributed equally between the estates...
Source-derived case information.
- Citation
- [2023] KEHC 2698 (KLR)
- Parties
- Applicant: William Oduor; Applicant: Margaret Adhiambo Odundo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 189 of 2016
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- Estate property to be shared equally between the estates of the two deceased sons; certificate of confirmation of grant to issue accordingly; motion dated October 25, 2022 disposed of.
- Judges
- WM Musyoka
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
William Oduor
Applicant
Margaret Adhiambo Odundo
Applicant
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the estate of Mukholo Wamukoya should be distributed equally between the estates of his two deceased sons.
- 2 Whether the administrators properly identified and grouped the beneficiaries according to their respective fathers.
Ratio Decidendi
The court found that the administrators failed to group the beneficiaries according to their respective fathers, making it impossible to determine the proper share for each household. To avoid further delay, the court ordered that the estate property, Marama/Shibembe/998, be distributed equally between the estates of the two deceased sons, Dismas Ochieng Muholo and Mika Amwayi Muholo. The court directed that succession causes be initiated in the estates of each son for further distribution among their respective households. This approach ensures fairness and compliance with succession law, given the lack of clarity in the administrators' proposals.
Court Disposition
Estate property to be shared equally between the estates of the two deceased sons; certificate of confirmation of grant to issue accordingly; motion dated October 25, 2022 disposed of.
Orders
- Marama/Shibembe/998 shall be shared out equally between the estates of Dismas Ochieng Muholo and Mika Amwayi Muholo.
- A certificate of confirmation of grant shall issue accordingly.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Mukholo Wamukoya (Deceased) (Succession Cause 189 of 2016) [2023] KEHC 2698 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2698 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 189 of 2016
WM Musyoka, J
March 24, 2023
IN THE MATTER OF THE ESTATE OF MUKHOLO WAMUKOYA (DECEASED)
Ruling
1. In my ruling of February 4, 2022, I identified the children of the deceased to be 2 sons, being Dismas Ochieng Muholo and Mika Amwayi Muholo. I expected that the administrators, in their proposals on distribution, would have identified the children of each of the 2 dead sons of the deceased. What they have done is to put all of them in one group, and I cannot tell which of the persons listed come from the family of Dismas Ochieng Muholo and who come from the side of Mika Amwayi Muholo.
2. To obviate further delay in the matter, and as the administrators did not group the survivors according to their fathers, I shall proceed to distribute the estate strictly between the 2 sons, that is to say, Dismas Ochieng Muholo and Mika Amwayi Muholo. Thereafter, succession causes shall be initiated in the estates of Dismas Ochieng Muholo and Mika Amwayi Muholo, for distribution of the estates amongst the members of each of the 2 households.
3. Marama/Shibembe/998, the property of the estate of Omuholo Wamukoya, shall be shared out equally between the estates of Dismas Ochieng Muholo and Mika Amwayi Muholo. A certificate of confirmation of grant shall issue accordingly. The motion, dated October 25, 2022, is disposed of in those terms.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 24thDAY OF MARCH 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.William Oduor and Margaret Adhiambo Odundo, the administrators, in person.