In re Estate of Nathan Dick Mole (Deceased) (Succession Cause 533 of 2008) [2026] KEHC 5686 (KLR) (30 April 2026) (Judgment)

In re Estate of Nathan Dick Mole (Deceased) (Succession Cause 533 of 2008) [2026] KEHC 5686 (KLR) (30 April 2026) (Judgment)

The estate must be distributed strictly in accordance with Section 40 of the Law of Succession Act, with all children and surviving wives counted as units per house; all sales of estate property before grant confirmation are void and the properties are restored to the estate; the interested party has no valid proprietary interest in the estate property.

Citation
[2026] KEHC 5686 (KLR)
Parties
Petitioner: Gastel Ochemo Mole; Administrator: Valeria Olwanda Wesonga; Administrator: Loice Nafula Mole; Interested Party: Seth Amukanga
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Succession Cause 533 of 2008
Procedural Posture
Succession Cause / Final Judgment
Outcome
Estate to be distributed per Section 40; sales of estate property declared void; interested party's claim dismissed.
Legal Topics
Intestate Succession, Distribution of Estate, Intermeddling, Dependants, Polygamous Succession
Source Language
English
Succession Family Law Intestate Succession Distribution of Estate Intermeddling Dependants Polygamous Succession

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Parties

Gastel Ochemo Mole

Petitioner

Valeria Olwanda Wesonga

Administrator

Loice Nafula Mole

Administrator

Seth Amukanga

Interested Party

Procedural Posture

Succession Cause / Final Judgment

Legal Issues

  1. 1 Proper mode of distribution of the deceased's estate under intestate succession
  2. 2 Validity of sales of estate property before grant confirmation
  3. 3 Status of dependants and beneficiaries

Ratio Decidendi

The estate must be distributed strictly in accordance with Section 40 of the Law of Succession Act, with all children and surviving wives counted as units per house; all sales of estate property before grant confirmation are void and the properties are restored to the estate; the interested party has no valid proprietary interest in the estate property.

Court Disposition

Estate to be distributed per Section 40; sales of estate property declared void; interested party's claim dismissed.

Orders

  • Estate of Nathan Dick Mole to be distributed strictly in accordance with Section 40 of the Law of Succession Act.
  • Sale of Plot No. Kakamega/Municipality/63 and Plot No. 19 Eshibinga Market declared illegal, null and void.