1. I have considered what has been stated by the parties. This is a 1994 matter. The deceased died on 1/5/1994. The grant was issued in 1995. The grant was confirmed on 15/11/2017 by Majanja J.
2. This Court reconfirmed that distribution on 19/9/2025 and directed the administrators to effect the distribution. All that was to be done was to lodge the mutations transmission documents at the Lands office and complete the administration.
3. This has not been done. This has led to claims by 3rd parties out of alleged unlawful irregular sales of the estate property or encroachment.
4. The beneficiaries can only defend their interests in the estate if the distribution ordered is effected.
5. On 9/2/2026, this Court noting that no action had been taken by the administrators, summoned them to appear today and show cause why they should not be replaced by alternative administrators.
6. This morning, one Zablon Ochieng from Kakamega has appeared and told Court that the 1st administrator has sent him to Court. He alleges that he has been unwell for the last one week. No medical records to prove that fact were produced.
7. In any event, no explanation of what he has been doing since September, 2025 when he was directed to complete the administration. The other administrator had no show.
8. I am not satisfied with the explanation offered. Cases are brought to Court to be determined. Continued adjournments do not serve any purpose. Three beneficiaries are in concurrence that the matter be determined forthwith by removing the two administrators and appointing fresh administrators.
9. The fresh administrators have been identified as Betha Anyango Adera and Jacob Ogada Osuka. Two beneficiaries are of the view that the Court gives 7 more days.
10. In view of the protracted litigation in this case, appointing new administrators will delay the matter. I therefore give the following directions: -
a) Let all those beneficiaries who feel that their interests are being tramped upon get Mutation Forms in respect of their shares within 30 days and present them before the Deputy Registrar of this Court to execute the same together with all the necessary documents in order to effect the transmission of the respective properties in terms of the certificate of confirmation dated 19/9/2025.
b) Mention on 25/5/2026 to confirm compliance. The Administrator are still liable to account as earlier on ordered.
It is hereby so ordered.
2. This Court reconfirmed that distribution on 19/9/2025 and directed the administrators to effect the distribution. All that was to be done was to lodge the mutations transmission documents at the Lands office and complete the administration.
3. This has not been done. This has led to claims by 3rd parties out of alleged unlawful irregular sales of the estate property or encroachment.
4. The beneficiaries can only defend their interests in the estate if the distribution ordered is effected.
5. On 9/2/2026, this Court noting that no action had been taken by the administrators, summoned them to appear today and show cause why they should not be replaced by alternative administrators.
6. This morning, one Zablon Ochieng from Kakamega has appeared and told Court that the 1st administrator has sent him to Court. He alleges that he has been unwell for the last one week. No medical records to prove that fact were produced.
7. In any event, no explanation of what he has been doing since September, 2025 when he was directed to complete the administration. The other administrator had no show.
8. I am not satisfied with the explanation offered. Cases are brought to Court to be determined. Continued adjournments do not serve any purpose. Three beneficiaries are in concurrence that the matter be determined forthwith by removing the two administrators and appointing fresh administrators.
9. The fresh administrators have been identified as Betha Anyango Adera and Jacob Ogada Osuka. Two beneficiaries are of the view that the Court gives 7 more days.
10. In view of the protracted litigation in this case, appointing new administrators will delay the matter. I therefore give the following directions: -
a) Let all those beneficiaries who feel that their interests are being tramped upon get Mutation Forms in respect of their shares within 30 days and present them before the Deputy Registrar of this Court to execute the same together with all the necessary documents in order to effect the transmission of the respective properties in terms of the certificate of confirmation dated 19/9/2025.
b) Mention on 25/5/2026 to confirm compliance. The Administrator are still liable to account as earlier on ordered.
It is hereby so ordered.