REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO. 67 OF 2001
IN THE MATTER OF ESTATE OF AINEA MASINDE WALUBENGO - DECEASED
CHARLES MUSUNGU MASINDE
ANN NANJALA MASINDE
PETER WANYAMA OKUMU …………….PETITIONER/APPLICANT
VERSUS
ANNAH NAFULA WANJALA……………………………..RESPONDENT
RULING
1. On 6th February 2023 the grant herein was confirmed a certificate of confirmation of grant was duly issued.
2. Vide a summons for rectification of grant dated 15.6.2023 and amended on 28th October 2024 the Petitioners craved for orders of rectification of the Certificate of Confirmation of grant in the following matter.
i. The certificate of confirmation of grant issued to the petitioners herein on the 6th day of February, 2023 be rectified as follows:-
a) That the beneficiaries’ shares for Patrick Wamalwa Masinde, Simon Wekesa Simiyu and Albert Nyongesa on land parcel number Bokoli/Bokoli/361 as reflected on the certificate of confirmation of grant from number 10 up to 12 be deleted since they were duplicated.
b) That the names of Peter Wanyama Okumu be removed to grant as administrator.
ii. That one of the beneficiary, Penina Nelima be substituted with HARON WAFULA KHAEMBA since she is now deceased.
a) That the O.C.S Matisi Police Station, Webuye Sub-County, Bungoma County be ordered to provide security during survey exercise for land parcel Bokoli/Bokoli/361.
b) O.C.S Tongaren Police Station, Tongaren Sub-County provide security during survey exercise of land parcel Bungoma/Tongaren/423.
c) An order be issued by this honourable court to demolish any structure erected by stranger and/or intruders who were sold land by Albert Nyongesa and Jafred Okumu to give vacant for beneficiaries allowed to the estate of deceased comprising land parcel No. Bokoli/Bokoli/361.
d) Albert Nyongesa be ordered by this honourable court to surrender original title of Land Parcel Bokoli/Bokoli/361 for purpose of distribution to the beneficiaries.
e) Costs be in the cause.
3. Despite time being granted to Albert Nyongesa objection by the court to file his response thereto, he failed so to do.
4. This application was canvassed by oral submissions on 29.9.2025.
5. The Petitioners maintained that there was need to rectify the certificate of confirmation of grant as beneficiaries listed as Numbers 10 to 12 were a repetition and hence a double allocation.
6. The Petitioners also sought the removal of Peter Wanyama Okumu as an administrator and craved for substitution of Penina Nelima (now deceased) with Haron Wafula Khaemba.
7. This application is unopposed. I have perused the certificate of confirmation of grant and I have established that indeed beneficiaries listed as Nos 10-12 were also listed as Nos 4-6 in respect of parcel No. LR Bokoli/Bokoli/361. I thus allow the application and make the following orders.
i. The names of Patrick Wamalwa Masinde, Simon Wekesa Simiyu and Albert Nyongesa indicated as items Nos 10,11 and 12 beneficiaries of parcel No. Bokoli/Bokoli/361 are hereby deleted due to double allocation.
ii. The name of Peter Wanyama Okumu is deleted as an administrator.
iii. Beneficiary known as Penina Nelima (now deceased) is substituted with one Haron Wafula Khaemba.
iv. One Albert Nyongesa is ordered to surrender the original title deed of parcel No. Bokoli/Bokoli/36 to the two administrators Charles Musungu Masinde and Ann Nanjala Masinde.
v. An order of mandatory injunction is hereby granted against all intermeddlers and strangers allowed into possession of part of parcel No. Bokoli/Bokoli/361 by Albert Nyongesa and Jafred Okumu, ordering them to either by themselves, their servants or agents to demolish all illegal structures thereof and give vacant possession of the said parcel of land to the administrators for purposes of transmission to the rightful heirs of the deceased.
vi. The O.C.S Tongaren Police station to provide security during the survey of land parcel No. Bungoma/Tongaren/423
vii. The administrators and all the beneficiaries to meet the costs of the provision of security by the OCS Tongaren and for the survey.
8. Applicants to meet their own costs of this application.
Delivered, signed, and dated at Bungoma this 27th day of November, 2025.
MWANAISHA S. SHARIFF
JUDGE
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO. 67 OF 2001
IN THE MATTER OF ESTATE OF AINEA MASINDE WALUBENGO - DECEASED
CHARLES MUSUNGU MASINDE
ANN NANJALA MASINDE
PETER WANYAMA OKUMU …………….PETITIONER/APPLICANT
VERSUS
ANNAH NAFULA WANJALA……………………………..RESPONDENT
RULING
1. On 6th February 2023 the grant herein was confirmed a certificate of confirmation of grant was duly issued.
2. Vide a summons for rectification of grant dated 15.6.2023 and amended on 28th October 2024 the Petitioners craved for orders of rectification of the Certificate of Confirmation of grant in the following matter.
i. The certificate of confirmation of grant issued to the petitioners herein on the 6th day of February, 2023 be rectified as follows:-
a) That the beneficiaries’ shares for Patrick Wamalwa Masinde, Simon Wekesa Simiyu and Albert Nyongesa on land parcel number Bokoli/Bokoli/361 as reflected on the certificate of confirmation of grant from number 10 up to 12 be deleted since they were duplicated.
b) That the names of Peter Wanyama Okumu be removed to grant as administrator.
ii. That one of the beneficiary, Penina Nelima be substituted with HARON WAFULA KHAEMBA since she is now deceased.
a) That the O.C.S Matisi Police Station, Webuye Sub-County, Bungoma County be ordered to provide security during survey exercise for land parcel Bokoli/Bokoli/361.
b) O.C.S Tongaren Police Station, Tongaren Sub-County provide security during survey exercise of land parcel Bungoma/Tongaren/423.
c) An order be issued by this honourable court to demolish any structure erected by stranger and/or intruders who were sold land by Albert Nyongesa and Jafred Okumu to give vacant for beneficiaries allowed to the estate of deceased comprising land parcel No. Bokoli/Bokoli/361.
d) Albert Nyongesa be ordered by this honourable court to surrender original title of Land Parcel Bokoli/Bokoli/361 for purpose of distribution to the beneficiaries.
e) Costs be in the cause.
3. Despite time being granted to Albert Nyongesa objection by the court to file his response thereto, he failed so to do.
4. This application was canvassed by oral submissions on 29.9.2025.
5. The Petitioners maintained that there was need to rectify the certificate of confirmation of grant as beneficiaries listed as Numbers 10 to 12 were a repetition and hence a double allocation.
6. The Petitioners also sought the removal of Peter Wanyama Okumu as an administrator and craved for substitution of Penina Nelima (now deceased) with Haron Wafula Khaemba.
7. This application is unopposed. I have perused the certificate of confirmation of grant and I have established that indeed beneficiaries listed as Nos 10-12 were also listed as Nos 4-6 in respect of parcel No. LR Bokoli/Bokoli/361. I thus allow the application and make the following orders.
i. The names of Patrick Wamalwa Masinde, Simon Wekesa Simiyu and Albert Nyongesa indicated as items Nos 10,11 and 12 beneficiaries of parcel No. Bokoli/Bokoli/361 are hereby deleted due to double allocation.
ii. The name of Peter Wanyama Okumu is deleted as an administrator.
iii. Beneficiary known as Penina Nelima (now deceased) is substituted with one Haron Wafula Khaemba.
iv. One Albert Nyongesa is ordered to surrender the original title deed of parcel No. Bokoli/Bokoli/36 to the two administrators Charles Musungu Masinde and Ann Nanjala Masinde.
v. An order of mandatory injunction is hereby granted against all intermeddlers and strangers allowed into possession of part of parcel No. Bokoli/Bokoli/361 by Albert Nyongesa and Jafred Okumu, ordering them to either by themselves, their servants or agents to demolish all illegal structures thereof and give vacant possession of the said parcel of land to the administrators for purposes of transmission to the rightful heirs of the deceased.
vi. The O.C.S Tongaren Police station to provide security during the survey of land parcel No. Bungoma/Tongaren/423
vii. The administrators and all the beneficiaries to meet the costs of the provision of security by the OCS Tongaren and for the survey.
8. Applicants to meet their own costs of this application.
Delivered, signed, and dated at Bungoma this 27th day of November, 2025.
MWANAISHA S. SHARIFF
JUDGE