https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8105

In re Estate of Kunani alias Okusimba Okunani (Deceased) (Succession Cause 226 of 1992) [2026] KEHC 8105 (KLR) (5 June 2026) (Ruling) Neutral citation: [2026] KEHC 8105 (KLR) Republic of Kenya In the High Court at Kakamega Succession Cause 226 of 1992 S Mbungi, J June 5, 2026 IN THE MATTER OF THE ESTATE OF SAULO KUSIMBA KUNANI Alias OKUSIMBA OKUNANI -DECEASED Between Joyce Mmbaisi 1st Applicant Joseph Ambunya Kusimba 2nd Applicant and James Shibia Sande Respondent Ruling 1.The Applicant Joseph Ambunya Kusimba file this Application dated 25.11.2025 seeking orders that the grant of letters of administration intestate made to Joyce Mmbaisi and himself and confirmed on 10.11.2023 be revoked and /or annulled for they were obtained fraudulently by making a false statement or by the concealment from the court of something material to the case and that the grant was obtained by means of untrue allegation of a fact essential in point of law to justify grant and lastly the administrators have failed to proceed diligently in the administration of the estate. 2.The Applicant also prays that the court orders for cancellation of all subsequent dealing and entries in the Land register to title No. Kakamega/Chekalini 519 and Butsotso/Ingotse/255 and that the costs of the application be provided for. 3.The Application is supported by the affidavit sworn by the Applicant on 25.11.2025 . 4.The Respondent filed a replying affidavit on 19.1.2026 . 5.The parties were to file submissions if need be to dispose off the application, none has filed . 6.I have read the rivalry affidavits . 7.The Applicant depones that the Respondent is a stranger to the estate of the deceased and that he ought not to get a share for he did not provide the particulars of the land he says he says he exchanged with the family of the deceased, a piece of land which he says he has not seen himself or neither any other beneficiary has seen. 8.He further depones that the beneficiaries are not happy with the distribution and further that Land Parcel No. Kakamega/Chekalini/519 does not exist for its register was closed. 9.In reply the Respondent depones that the issue as to whether he is a beneficiary to the deceased estate was settled in the Judgment delivered by Judge Sitati on 22.7.2016 and affirmed by a ruling made by Justice P.J Otieno on 10.11.2025. 10.He further deponed that the Applicant (2nd Petitioner) had filed a similar application dated 5.8.2024 but they were advised by the court to prefer an appeal instead, the application was marked as withdrawn thus this court is now functus officio for the issues raised in this application and the application which was withdrawn were settled. The issues are res-judicata. 11.I have carefully considered the rival arguments. I note it is the 2nd Petitioner who is seeking revocation of the grant which was issued to him and the 1st petitioner. This is perplexing , it is not tenable if he is unable to implement the grant as he says then he should move the court another administrator to be appointed in his place to implement the grant. 12.For the issue whether the respondent is a beneficiary to the estate of the deceased, this was clearly settled by justice Sitati in a Judgment dated 22.7.2016 which is also affirmed by subsequent ruling of Judge P.J Otieno dated 10.11.2025 therefore the issue cannot be relitigated afresh, it is res-judicata , this court is functus officio. 13.The only route open to any party feeling aggrieved by the above holdings is to mount an appeal against those two decisions. Therefore, I find the application has no merit and it does not met the threshold provided for under Section 76 of the Succession Act. 14.The Application is dismissed. 15.This being a family matter, each party shall bear its own costs of the application. 16.Right of Appeal 30 days explained. 17.The file is closed. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 5TH DAY OF JUNE, 2026.S.N MBUNGIJUDGEIn the presence of:-CA: Zilda/VelmaParties present.Mr. Nyukuli for the Respondent present.Mr. Otsyeno for the Applicant present.