https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/340

Waparala v Waparala alias Joakim Wapakala (Succession Cause 295 of 2017) [2026] KEMC 340 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEMC 340 (KLR) Republic of Kenya In the Bungoma Law Courts Succession Cause 295 of 2017 RN Maloba, SPM July 23, 2026 Between Titus Juma Waparala Applicant and Yowakim Waparala alias Joakim Wapakala Respondent Ruling Background 1.This cause was instituted vide petition dated 20/05/2017. Upon gazettement of the petition, the initial temporary grant was issued in the name of the 1st Applicant on 28/02/2018. 2.Pursuant to objection filed by the 2nd Applicant, then objector, she was subsequently made a co- administrator vide judgment dated 23/01/2023. Thereafter, a fresh grant was issued in their joint names after a long inadvertent delay on 19/06/2026. 3.The 2nd Petitioner/ Administrator has since filed her summons for confirmation of grant dated 01/07/2026 for confirmation of the said grant. She further prays that costs be in the cause. Filing of the same was done in compliance with the court's orders of 19/06/2026 by whcih a previous summons for confirmation of grant dated 08/07/2024 was struck out because the fresh grant was yet to be extracted for that purpose. 4.The 2nd Applicant supported her application with her affidavit of the even date. It was her desire that she be facilitated to distribute the deceased's estate through confirmation of the grant. 5.She filed a consent signed by all the beneficiaries including her co-petitioner/ administrator agreeing with her proposed mode of distribution. Hearing of the summons 6.The same was heard by the court on 02/07/2026. None of the beneficiaries or interested party has raised any objection during so far. Issues for determination 7.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 8.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. Since this is a matter which has been in court since the year 2017, it is imperative that the same be dispensed with more so given that there is consensus amongst the beneficiaries on the mode of distribution of the deceaaed's estate. 9.The asset under adminstration identified for distribution is land parcel No. E.bukusu/S. Kanduyi/6185, belonging to the deceased. 10.The consent filed clearly outlines the share of each beneficiary and as I have already stated, all have consented to the same. 11.Thus, the court is satisfied that the matter is properly before court and the grant herein warrants to be confirmed in the joint name of the two petitioners in order to distribute the estate identified to the beneficiaries. The issue of costs 12.The Applicant’s prayer is that, the costs of this application be in the cause. This prayer is perfectly in order. It complies with provisions of section 83 (c) of the Law of Succession Act. 13.In the upshot, I allow the summons dated 01/07/2026 and make orders as hereinunder;1.That the grant issued to the Petitioner /Applicant on 19/06/2026 be and is hereby confirmed.d)That the schedule of distribution set out in paragraph 8 of the Applicant's supporting affidavit sworn on 01/07/2026 and consent on distribution dated 18/11/2025 be and are hereby adopted and deceased’s estate comprised in land parcel No. E.Bukusu/S. Kanduyi/6185 be and is hereby distributed to beneficiaries as follows;a)Titus Juma Wapakala - 0.76 Hab)VIncent Kuloba Wapakala - 0. 92 Hac)David Wafula Wapakala - 0. 52 Had)Prodgers Nyongesa Wapakala - 0.64 Hae)Martin Wekesa Khaemba - 0.12 Haf)Mary Namulekhwa Makona - 1.06 HAg)Road of Access - 0.30 Ha2.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.3.That costs shall be in the cause. DATED & DELIVERED IN OPEN COURT THIS 23RD DAY OF JULY 2026In the presence of;C/Asst- Mr. AggreyBoth Petitioner in person.Mr. Simiyu for Mr. Ateya for the ApplicantR. B. N MALOBA(MS)SENIOR PRINCIPLA MAGISTRATE