Siandet alias Ndiema Kisasiandeti v Chemonges (Succession Cause E004 of 2026) [2026] KEMC 345 (KLR) (23 July 2026) (Ruling)

**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **SUCCESSION CASE NO. E004 OF 2026** HOSEA NDIEMA KISA SIANDET ALIAS NDIEMA KISASIANDETI…………………………….…..….….DECEASED AND PAMELA CHEMOSONG CHEMONGES……………...……..PETITIONER **RULING** **Background** This was instituted vide petition dated 08/01/2026. Upon gazettement of the petition, the court subsequently issued a temporary grant in the name of the petitioner on 01/04/2026. The Petitioner has since filed his summons for confirmation of grant dated 11/06/2026. She seeks orders as follows; 1. That the said grant be confirmed. 2. That costs of this application be in the cause. In his supporting affidavit sworn on 26/06/2025, the petitioner/ applicant raised the following grounds in support of this summons; 1. That is now six (6) months since the grant was issued and no objection has been raised against the same. 2. That the beneficiaries have all agreed on the mode of distribution of the estate as comprised in land parcel No. Elgon/ Kapsokwony/ 187. 3. That it is imperative that the orders sought be granted. A consent by the beneficiaries on the mode of distribution was annexed to the supporting affidavit of the Applicant. It was signed by all the four beneficiaries. **Hearing of the summons by the court** The summons for confirmation of grant was heard this morning. A ruling was reserved for 12:00pm. **Issues for determination** The main issue for determination is whether the Applicant has complied with provisions of section 71 of the Law of Succession Act and whether the grant issued is ripe for confirmation. **Determination** The court has considered this summons and the accompanying documents. Section 71 of the Law of Succession Act provides that a grant should confirmed after expiration of six months or such a shorter period as the court may direct depending on necessitating circumstances. The grant was issued in this cause on 01/04/2026 and so contrary to the applicant’s contention, six (6) months are yet to lapse. However, this an un-contested matter. The beneficiaries involved are all daughters of the deceased who neither dispute the propriety of the matter, who should administer the same or how the estate should be distribute. Therefore, I would waive the requirement of six (6) months and move forward with confirmation of the grant as long as the other relevant conditions are shown to have been satisfied too. Upon further consideration of the matter, it is evident that the Applicant has duly identified the beneficiaries to court and the property of the deceased that is earmarked for distribution and transmission to them. The consent annexed herein clearly outlines the manner of sharing of the said land being parcel No. ELGON/ KAPSOKWONY/ 187. That consent is hereby adopted by the court. **The issue of costs** Section 83 (c) of the Law of Succession Act provides that costs of succession proceedings are to be borne by the estate. Therefore, the applicant’s prayer that costs of this application be in the cause duly conforms to this provision. The same is allowed as prayed. In view of that, I would allow the summons herein, and make orders as hereinunder; 1. That the grant issued to the Petitioner /Applicant on 01/04/2026 be and is hereby confirmed. 2. That the consent on the mode of distribution annexed herein be and is hereby adopted and deceased’s estate comprised in land parcel No. W ELGON/KAPSOKWONY/187 be and is hereby distributed to beneficiaries as follows; 3. PAMELA CHEMOSONG CHEMONGES - 1.2 Ha 4. ANNE CHENGEK NDIEMA - 1.2 Ha 5. HELLEN CHEPKWEMOI KASUTI - 1.2 Ha 6. ALICE CHEBET KASUTI - 1.2 Ha 7. ESTHER CHEPKESIS - 1.2 Ha 8. That this matter is to be mentioned after six (6) months for rendering of accounts and winding up of the estate as provided for under Section 83 (g) and (h) of the Law of Succession Act. Dated & Delivered in open court this 23rd day of July 2026 In the presence of; C/Asst- Mr. Aggrey All beneficiaries including the Applicant in person. Mr. Simiyu for Mr. Ateya for the Applicant **R. B. N MALOBA(MS)** **SENIOR PRINCIPLA MAGISTRATE**