[2025] KEHC 4585 (KLR)
The court found that, in the absence of agreement among the beneficiaries and in compliance with Section 38 of the Law of Succession Act, the remaining parcel of land, LR. NO. Wanjare/Bogitaa/XXXX, should be distributed equally among all eight children of the deceased. The court emphasized that the law is clear on...
Source-derived case information.
- Citation
- [2025] KEHC 4585 (KLR)
- Parties
- Applicant: Jackline Bonareri Obinchu; Applicant: Fenandes Sure Obinchu; Respondent: Penina Kerubo Kerama
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 2 of 2016
- Procedural Posture
- Probate and Administration / Ruling on Distribution of Estate
- Outcome
- Application for distribution of LR. NO. Wanjare/Bogitaa/XXXX allowed; land to be distributed equally among all eight beneficiaries.
- Judges
- WA Okwany
- Legal Topics
- Succession, Intestate Distribution, Equal Sharing Among Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Bonareri Obinchu
Applicant
Fenandes Sure Obinchu
Applicant
Penina Kerubo Kerama
Respondent
Procedural Posture
Probate and Administration / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the remaining parcel of land LR. NO. Wanjare/Bogitaa/XXXX should be distributed equally among all the beneficiaries of the deceased's estate.
- 2 Whether the Law of Succession Act mandates equal distribution among children where there is no surviving spouse.
Ratio Decidendi
The court found that, in the absence of agreement among the beneficiaries and in compliance with Section 38 of the Law of Succession Act, the remaining parcel of land, LR. NO. Wanjare/Bogitaa/XXXX, should be distributed equally among all eight children of the deceased. The court emphasized that the law is clear on equal division among surviving children where there is no surviving spouse, and there was no evidence or legal basis presented to depart from this statutory mandate. The court declined to make any order as to costs, noting that all parties are siblings.
Court Disposition
Application for distribution of LR. NO. Wanjare/Bogitaa/XXXX allowed; land to be distributed equally among all eight beneficiaries.
Orders
- LR. NO. Wanjare/Bogitaa/XXXX shall be distributed equally among all eight beneficiaries.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Zebedeus Willbrodeus Obinchu (Deceased) (Probate & Administration 2 of 2016) [2025] KEHC 4585 (KLR) (20 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4585 (KLR)
Republic of Kenya
In the High Court at Nyamira
Probate & Administration 2 of 2016
WA Okwany, J
March 20, 2025
IN THE MATTER OF THE ESTATE OF ZEBEDEUS
WILLBRODEUS OBINCHU--------------------(DECEASED)
Between
Jackline Bonareri Obinchu
1st Petitioner
Fenandes Sure Obinchu
2nd Petitioner
and
Penina Kerubo Kerama
Protestor
Ruling
1. In a ruling delivered in this matter on 5th December 2024 (hereinafter “the earlier Ruling”), this court found that while the beneficiaries of the estate of the deceased herein, comprising of 8 children (2 sons and 6 daughters), had agreed on the distribution of part of the deceased’s estate being Kitutu Settlement Scheme/12 to all the beneficiaries in equal shares, they were yet to agree on how to share out LR.No. Wanjare/Bogitaa/XXXX.
2. The court directed the beneficiaries to resolve the issue of the distribution of the said remaining parcel through mediation which was to be conducted within 45 days from the date of the said earlier ruling.
3. When the matter came up for mention on 5th February 2025 for purposes of finding out if the parties had arrived at a mediation settlement, counsel for the Petitioners informed the court that the parties did not initiate any mediation. Counsel urged the court to determine the issue of the distribution of LR. NO. Wanjare/Bogitaa/XXXX.
4. Distribution of the estate of a deceased is provided for under sections 38 and 40 the Law of Succession Act (hereinafter “the Act”). Section 40 of the Act provides as follows;(1)Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children.(2)The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38.
5. Section 38 provides as follows;Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of sections 41 and 42, devolve upon the surviving child, if there be only one, or shall be equally divided among the surviving children.
6. Section 38 of the Act is clear that the net intestate estate shall be divided equally among the surviving children. In the instant case, I have already stated that the deceased’s children are unable to agree on the distribution of LR.NO. Wanjare/Bogitaa/XXXX. Consequently and in compliance with the provisions of Section 38 of the Act, I find that the said parcel of land should be distributed equally among all the 8 beneficiaries.
7. I make no orders on costs since all the parties herein are siblings.
8. It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS THIS 20THDAY OF MARCH 2025. W. A. OKWANYJUDGE