' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO. E012 OF 2025
IN THE MATTER OF THE ESTATE OF AMOS SIKUTA MASINDE - (DECEASED)
AND
JACKYLINE NAFULA NYONGESA…………………PETITIONER
R U L I N G
A. Background
1. On 16th September 2025, this court issued a grant of letters of administration of the Estate of Amos Sikuta Masinde (deceased) to one Jacklyne Nafula Nyongesa.
2. Subsequent thereto the administratrix filed a summons for confirmation of grant dated 24.9.2025 and surprisingly the firm of Mandala & Company Advocates who are on record for the administratrix authored an anticipatory letter dated 23.9.2025 addressed to the Deputy Registrar of the High Court, requesting him to cause, the summons for confirmation of grant dated 24.9.2025 to be placed before a judge for direction.
3. On 14th October 2025 I gave direction on this matter and I scheduled the summons for confirmation of grant dated 24.9.2010 for hearing on 27.10.2025.
B. Application:
4. Mr. Mandala appeared for the administratrix has moved this court to confirm the grant as per proposed mode of distribution, outlined in paragraph 5 of the supporting affidavit sworn by the administratrix, Jacklyne Nafula Nyongesa on 24th September, 2025.
C. Beneficiaries
5. The deceased is said to have been survived by one widow, the administratrix and two issues namely Ellen Nangila Masinde a daughter and Prince Albert Masinde a son. Both issues attended court; Ellen Nangila Masinde attend physically with the administratrix while Prince Albert Masinde attended virtually.
6. A dependant is defined under Section 29 of the Laws of Succession
Act to mean:
a) The wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death.
b) and where the deceased was a woman, her husband if he was being maintained by her immediately prior to the date of her death.
c) such of the deceased''s parents, step-parents, grandparents, grandchildren, step-children, children whom the deceased had taken into his family as his own, brothers and sisters, and half-brothers and half-sisters, as were being maintained by the deceased prior to his death.
7. The administratrix has annexed a copy of a certificate of marriage No 83459 which discloses that her marriage to the deceased was solemnized on 4th April 2000 at the District Commissioner’s Office in Bungoma. Copies of national identity cards of their issues have also been attached, save for that no certificates of birth have been exhibited. Given that no one has come forth to make any objection, the administratrix, and the two issues of her union with the deceased are thus dependants within the meaning of section 29 of the Law of Succession Act.
D. Assets
8. The estate of the deceased is said to be comprised of the following assets :-
i) East Bukusu/ South Kanduyi / 376
ii) East Bukusu/ South Kanduyi / 12239
iii) East Bukusu/ South Kanduyi / 5306
iv) East Bukusu / North Sangalo / 8610
v) East Bukusu / North Sangalo/ 198
vi) East Bukusu/ North Sangalo/ 3461
vii) East Bukusu / North Sangalo/ 699
viii) East Bukusu / North Sangalo / 5760
ix) East Bukusu / North Sangalo / 8519
9. The Applicant has outlined the proposed mode of distribution of the estate of the deceased in a schedule contained in paragraph 5 of the supporting affidavit, thus:-
ASSETS NAME & SHARE OF BENEFICIARY
1. E.BUKUSU/S.KANDUYI/376
2. E.BUKUSU/S.KANDUYI/12239
3. E.BUKUSU/S.KANDUYI/5306
4. E.BUKUSU/N.SANGALO/8610
5. E.BUKUSU/N.SANGALO/3461
6. E.BUKUSU/N.SANGALO/5760
7. E.BUKUSU/S.KANDUYI/13031
JACKLYNE NAFULA NYONGESA, ELLEN NANGILA MASINDE AND PRINCE ALBERT MANSIDE - To be transmitted to the above three jointly and equally as Co-owners.
1. E.BUKUSU/N.SANGALO/8519
2. E.BUKUSU/N.SANGALO/699
3. E.BUKUSU/N.SANGALO/198
4. KAKAMEGA/MAUTUMA/540
5. E. BUKUSU/W.SANGALO/8606
To be transmitted to JACKLYNE NAFULA NYONGESA wholly.
10. A grant of representation is ordinarily confirmed after the expiry of period of 6 months after it’s issuance as per the provisions of Section 71 (1) of the Law of Succession Act Chapter 160 Laws of Kenya. The court can however confirm the grant before the expiry of 6 months if it is satisfied that either there are no dependants as defined under Section 29 of the Law of Succession Act or where the dependants are of full age and have all consented to the proposed mode of distribution; see Section 71 (3) of the Law of Succession Act.
11. Whereas the administratrix and the two issues of the deceased are agreeable on the mode of distribution, the administratrix has failed to prove ownership of the listed assets by way of current certificates of official searches of the assets listed in affidavit in support of the petition (form 5), wherefore this court is not able to make any finding that indeed the listed assets belong to the estate of the deceased
12. Due to the reasons above stated, I am therefore not inclined to distribute that which has not been proved to belong to the estate of the estate.
13. On the balance this application is disallowed with no orders as to costs.
14. The administratrix is directed to file fresh summons for confirmation of grant after the expiry of 5 months from 16th September 2025 and ensure that proof of ownership of any assets of the estate of the deceased is provided.
Delivered, signed, and dated at Bungoma this 28th day of October, 2025.
MWANAISHA S. SHARIFF
JUDGE.
'
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO. E012 OF 2025
IN THE MATTER OF THE ESTATE OF AMOS SIKUTA MASINDE - (DECEASED)
AND
JACKYLINE NAFULA NYONGESA…………………PETITIONER
R U L I N G
A. Background
1. On 16th September 2025, this court issued a grant of letters of administration of the Estate of Amos Sikuta Masinde (deceased) to one Jacklyne Nafula Nyongesa.
2. Subsequent thereto the administratrix filed a summons for confirmation of grant dated 24.9.2025 and surprisingly the firm of Mandala & Company Advocates who are on record for the administratrix authored an anticipatory letter dated 23.9.2025 addressed to the Deputy Registrar of the High Court, requesting him to cause, the summons for confirmation of grant dated 24.9.2025 to be placed before a judge for direction.
3. On 14th October 2025 I gave direction on this matter and I scheduled the summons for confirmation of grant dated 24.9.2010 for hearing on 27.10.2025.
B. Application:
4. Mr. Mandala appeared for the administratrix has moved this court to confirm the grant as per proposed mode of distribution, outlined in paragraph 5 of the supporting affidavit sworn by the administratrix, Jacklyne Nafula Nyongesa on 24th September, 2025.
C. Beneficiaries
5. The deceased is said to have been survived by one widow, the administratrix and two issues namely Ellen Nangila Masinde a daughter and Prince Albert Masinde a son. Both issues attended court; Ellen Nangila Masinde attend physically with the administratrix while Prince Albert Masinde attended virtually.
6. A dependant is defined under Section 29 of the Laws of Succession
Act to mean:
a) The wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death.
b) and where the deceased was a woman, her husband if he was being maintained by her immediately prior to the date of her death.
c) such of the deceased''s parents, step-parents, grandparents, grandchildren, step-children, children whom the deceased had taken into his family as his own, brothers and sisters, and half-brothers and half-sisters, as were being maintained by the deceased prior to his death.
7. The administratrix has annexed a copy of a certificate of marriage No 83459 which discloses that her marriage to the deceased was solemnized on 4th April 2000 at the District Commissioner’s Office in Bungoma. Copies of national identity cards of their issues have also been attached, save for that no certificates of birth have been exhibited. Given that no one has come forth to make any objection, the administratrix, and the two issues of her union with the deceased are thus dependants within the meaning of section 29 of the Law of Succession Act.
D. Assets
8. The estate of the deceased is said to be comprised of the following assets :-
i) East Bukusu/ South Kanduyi / 376
ii) East Bukusu/ South Kanduyi / 12239
iii) East Bukusu/ South Kanduyi / 5306
iv) East Bukusu / North Sangalo / 8610
v) East Bukusu / North Sangalo/ 198
vi) East Bukusu/ North Sangalo/ 3461
vii) East Bukusu / North Sangalo/ 699
viii) East Bukusu / North Sangalo / 5760
ix) East Bukusu / North Sangalo / 8519
9. The Applicant has outlined the proposed mode of distribution of the estate of the deceased in a schedule contained in paragraph 5 of the supporting affidavit, thus:-
ASSETS NAME & SHARE OF BENEFICIARY
1. E.BUKUSU/S.KANDUYI/376
2. E.BUKUSU/S.KANDUYI/12239
3. E.BUKUSU/S.KANDUYI/5306
4. E.BUKUSU/N.SANGALO/8610
5. E.BUKUSU/N.SANGALO/3461
6. E.BUKUSU/N.SANGALO/5760
7. E.BUKUSU/S.KANDUYI/13031
JACKLYNE NAFULA NYONGESA, ELLEN NANGILA MASINDE AND PRINCE ALBERT MANSIDE - To be transmitted to the above three jointly and equally as Co-owners.
1. E.BUKUSU/N.SANGALO/8519
2. E.BUKUSU/N.SANGALO/699
3. E.BUKUSU/N.SANGALO/198
4. KAKAMEGA/MAUTUMA/540
5. E. BUKUSU/W.SANGALO/8606
To be transmitted to JACKLYNE NAFULA NYONGESA wholly.
10. A grant of representation is ordinarily confirmed after the expiry of period of 6 months after it’s issuance as per the provisions of Section 71 (1) of the Law of Succession Act Chapter 160 Laws of Kenya. The court can however confirm the grant before the expiry of 6 months if it is satisfied that either there are no dependants as defined under Section 29 of the Law of Succession Act or where the dependants are of full age and have all consented to the proposed mode of distribution; see Section 71 (3) of the Law of Succession Act.
11. Whereas the administratrix and the two issues of the deceased are agreeable on the mode of distribution, the administratrix has failed to prove ownership of the listed assets by way of current certificates of official searches of the assets listed in affidavit in support of the petition (form 5), wherefore this court is not able to make any finding that indeed the listed assets belong to the estate of the deceased
12. Due to the reasons above stated, I am therefore not inclined to distribute that which has not been proved to belong to the estate of the estate.
13. On the balance this application is disallowed with no orders as to costs.
14. The administratrix is directed to file fresh summons for confirmation of grant after the expiry of 5 months from 16th September 2025 and ensure that proof of ownership of any assets of the estate of the deceased is provided.
Delivered, signed, and dated at Bungoma this 28th day of October, 2025.
MWANAISHA S. SHARIFF
JUDGE.
'