1. The late Amos Acklays (‘the deceased’) died intestate on 22/4/1996 at Akala aged 67 years. According to the letter of introduction dated 17/11/2021 by the Chief, Gem Location, the deceased left behind the following as his beneficiaries: -
a) Roy S. Akala – Son
b) Lilian E. Aloo – Daughter (deceased)
c) Dinah L. Juma – Daughter (deceased)
d) Pauline R. Koky – Daughter
e) Abigael O. Onyango – Daughter
f) Juliah H. Migoye – Daughter
g) Jenifer J. Wasiang’a – Daughter
h) Samuel S. Okech – Son
i) Steven Oluoch – Son
j) Jeremiah J. Obiero – Son
k) Felix J. Aganjo - Son
2. On 5/3/2012, Pauline K. Koky, Juliah H. Migoye, Jenifer J. Wasianga and Abigael O. Anyango petitioned for Letters of Administration Intestate. In the Affidavit in support of the Petition sworn on even date, they disclosed the following as the only assets of the deceased: -
a) Kisumu/Manyatta ‘B’/249
b) Kisumu/Manyatta ‘A’/444
c) LR No. 209/8141 – Nairobi (Old Race Course Kariokor).
3. They estimated the value of the estate to be Kshs. 10,000,000/=. The grant was issued to them on 24/10/2012. On 31/10/2024, Aburili J allowed by consent a Motion dated 16/8/2024. She directed that the Summons for Confirmation of grant dated 8/1/2024 be heard.
4. In that summons, the petitioners proposed at paragraph 8, their preferred mode of distribution. Annexed to the Summons was the consent executed by 3 other beneficiaries, Roy S. Akala, Steven Oluoch and Felix J. Oganjo. The other two beneficiaries, Samuel S. Okech and Jeremiah J. Obiero did not consent and they filed an Affidavit of Protest sworn on 6/3/2025.
5. In its ruling of 9/03/2025, this Court dismissed the said protests and directed the administrators to file accounts of all the income and expenses of the estate for the period of their administration and further that they do file valuation reports on the deceased’s properties.
6. The petitioners complied with the directions of the Court and filed the relevant accounts as well as the valuation of the deceased’’s properties. The properties were valued as follows;
a) Kisumu/Manyatta ‘B’/249 – Kshs. 15,000,000/=
b) Kisumu/Manyatta ‘A’/444 – Kshs. 30,000,000/=
c) LR No. 209/8141 – Nairobi (Old Race Course Kariokor) – Kshs. 17,200,000/=
7. When the matter came up for further hearing on the 25/11/2025, it emerged that one of the protestors, Samuel Oketch, had passed away and thus his share of the deceased’s estate was to be inherited by his deceased widow and child. This was not opposed by any of the parties.
8. I have considered the record. It is clear that none of the parties herein opposes the mode of distribution detailed in paragraph 8 of the Summons for Confirmation of grant dated 8/1/2024.
9. Consequently, the estate of the deceased is hereby distributed as follows: -
PROPERTY BENEFICIARY SHARES
Kisumu/Manyatta “A”/249
(0.15ha) Juliah H. Migoye
Jennifer Wasianga
Lyne Everlyne Oketch & Israel Oketch
Jeremiah J. Obiero
Stephen Oluoch House No. 1 – Jeremiah J. Obiero
House No. 2 – Stephen Oluoch
House No. 3 – Lyne Everlyne Oketch & Israel Oketch
House No. 4 – Julia Migoye
Undeveloped Plot – Jeniffer Wasianga
Kisumu/Manyatta “A”/444
(0.24Ha) Felix Aganjo
Pauline Koky
Abigael Anyango
Jeniffer Wasianga Shop 1 – Felix Aganjo
Shop 2 – Abigael Anyango
Shop 3 – Pauline Koky
Shop 4 – Jeniffer Wasianga
L.R. No. 209/8141 – Nairobi (Old Racecourse Kariokor) Roy S. Akala
Pauline Koky
Abigael Anyango
Juliah H. Migoye
Lyne Everlyne Oketch & Israel Oketch
Stephen Oluoch
Felix Aganjo
Jeremiah Obiero The property be sold and proceeds be shared equally among all the beneficiaries.
Shares in Racecourse Kariokor Women Group Lyne Everlyne Oketch & Israel Oketch Whole.
10. For the avoidance of doubt, the shares of the deceased Samuel Oketch are distributed to his widow and child Lyne Everlyne Oketch and Israel Oketch. The two constitute one whole undivided unit for the purposes of distribution.
It is hereby so decreed.
a) Roy S. Akala – Son
b) Lilian E. Aloo – Daughter (deceased)
c) Dinah L. Juma – Daughter (deceased)
d) Pauline R. Koky – Daughter
e) Abigael O. Onyango – Daughter
f) Juliah H. Migoye – Daughter
g) Jenifer J. Wasiang’a – Daughter
h) Samuel S. Okech – Son
i) Steven Oluoch – Son
j) Jeremiah J. Obiero – Son
k) Felix J. Aganjo - Son
2. On 5/3/2012, Pauline K. Koky, Juliah H. Migoye, Jenifer J. Wasianga and Abigael O. Anyango petitioned for Letters of Administration Intestate. In the Affidavit in support of the Petition sworn on even date, they disclosed the following as the only assets of the deceased: -
a) Kisumu/Manyatta ‘B’/249
b) Kisumu/Manyatta ‘A’/444
c) LR No. 209/8141 – Nairobi (Old Race Course Kariokor).
3. They estimated the value of the estate to be Kshs. 10,000,000/=. The grant was issued to them on 24/10/2012. On 31/10/2024, Aburili J allowed by consent a Motion dated 16/8/2024. She directed that the Summons for Confirmation of grant dated 8/1/2024 be heard.
4. In that summons, the petitioners proposed at paragraph 8, their preferred mode of distribution. Annexed to the Summons was the consent executed by 3 other beneficiaries, Roy S. Akala, Steven Oluoch and Felix J. Oganjo. The other two beneficiaries, Samuel S. Okech and Jeremiah J. Obiero did not consent and they filed an Affidavit of Protest sworn on 6/3/2025.
5. In its ruling of 9/03/2025, this Court dismissed the said protests and directed the administrators to file accounts of all the income and expenses of the estate for the period of their administration and further that they do file valuation reports on the deceased’s properties.
6. The petitioners complied with the directions of the Court and filed the relevant accounts as well as the valuation of the deceased’’s properties. The properties were valued as follows;
a) Kisumu/Manyatta ‘B’/249 – Kshs. 15,000,000/=
b) Kisumu/Manyatta ‘A’/444 – Kshs. 30,000,000/=
c) LR No. 209/8141 – Nairobi (Old Race Course Kariokor) – Kshs. 17,200,000/=
7. When the matter came up for further hearing on the 25/11/2025, it emerged that one of the protestors, Samuel Oketch, had passed away and thus his share of the deceased’s estate was to be inherited by his deceased widow and child. This was not opposed by any of the parties.
8. I have considered the record. It is clear that none of the parties herein opposes the mode of distribution detailed in paragraph 8 of the Summons for Confirmation of grant dated 8/1/2024.
9. Consequently, the estate of the deceased is hereby distributed as follows: -
PROPERTY BENEFICIARY SHARES
Kisumu/Manyatta “A”/249
(0.15ha) Juliah H. Migoye
Jennifer Wasianga
Lyne Everlyne Oketch & Israel Oketch
Jeremiah J. Obiero
Stephen Oluoch House No. 1 – Jeremiah J. Obiero
House No. 2 – Stephen Oluoch
House No. 3 – Lyne Everlyne Oketch & Israel Oketch
House No. 4 – Julia Migoye
Undeveloped Plot – Jeniffer Wasianga
Kisumu/Manyatta “A”/444
(0.24Ha) Felix Aganjo
Pauline Koky
Abigael Anyango
Jeniffer Wasianga Shop 1 – Felix Aganjo
Shop 2 – Abigael Anyango
Shop 3 – Pauline Koky
Shop 4 – Jeniffer Wasianga
L.R. No. 209/8141 – Nairobi (Old Racecourse Kariokor) Roy S. Akala
Pauline Koky
Abigael Anyango
Juliah H. Migoye
Lyne Everlyne Oketch & Israel Oketch
Stephen Oluoch
Felix Aganjo
Jeremiah Obiero The property be sold and proceeds be shared equally among all the beneficiaries.
Shares in Racecourse Kariokor Women Group Lyne Everlyne Oketch & Israel Oketch Whole.
10. For the avoidance of doubt, the shares of the deceased Samuel Oketch are distributed to his widow and child Lyne Everlyne Oketch and Israel Oketch. The two constitute one whole undivided unit for the purposes of distribution.
It is hereby so decreed.