[2025] KEHC 9841 (KLR)

[2025] KEHC 9841 (KLR)

The court found that the application for police security during the partitioning of the estate land parcels was merited, given the need to ensure the safety of public officers tasked with executing the court's prior ruling on distribution. The court exercised its discretion under the Law of Succession Act to...

Source-derived case information.

Citation
[2025] KEHC 9841 (KLR)
Parties
Applicant: Joseph Wanambuko Malaba; Applicant: Jacob Mwima; Applicant: Dishon Wanyonyi
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Succession Cause 466 of 2009
Procedural Posture
Succession Cause / Ruling on Application for Security During Partition of Estate Land
Outcome
application allowed
Judges
MS Shariff, F.S Ibrahim
Legal Topics
Succession Administration, Estate Partition, Security Orders
Source Language
en
Family and Children Succession Administration Estate Partition Security Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Wanambuko Malaba

Applicant

Jacob Mwima

Applicant

Dishon Wanyonyi

Applicant

Procedural Posture

Succession Cause / Ruling on Application for Security During Partition of Estate Land

Legal Issues

  1. 1 Whether the administrators are entitled to an order for police security during the partitioning of the estate land parcels.
  2. 2 Whether the costs of providing such security should be shared among the administrators.

Ratio Decidendi

The court found that the application for police security during the partitioning of the estate land parcels was merited, given the need to ensure the safety of public officers tasked with executing the court's prior ruling on distribution. The court exercised its discretion under the Law of Succession Act to facilitate the orderly administration of the estate and directed that the costs of providing such security be shared among all administrators. This approach ensures compliance with the court's orders, protects public officers, and promotes the efficient and peaceful distribution of the estate property.

Court Disposition

application allowed

Orders

  • The Officer in Charge of Brigadier Police Station is directed to provide adequate security to the County Land Registrar and County Surveyor Bungoma during the partitioning of land parcel No. Kakamega/Moisbridge/1160 and Parcel No. Kakamega/Moisbridge/1666 pursuant to the court's ruling of 17.1.2025.
  • All administrators shall meet and share the costs of such provision of security by the O.C.S Brigadier Police Station.