'1. Before me for determination is an application vide chamber summons brought pursuant to article 159 of the constitution of Kenya 2010, rule 63 of the probate and administration rules , 1980, section 47 of the law of succession act , section 3a and 80 of the civil procedure act and order 45 rule 1 of the civil procedure rules.
2. The application seeks to remove two parcels of land, KAJIADO/KITENGELA/97965 and KAJIADO/KITENGELA/97966, from the Schedule of Assets with reason that the parcels of land were transferred to a third party, Brian Batimus Ochieng, in August 2022. The application is supported by the consent of the deceased''s children, who are also the beneficiaries and that the amendment will to allow the administrators to complete the distribution of the estate in compliance with the Law of Succession Act.
3. On the face of their supporting affidavit , the applicants claim that The administrators discovered that two parcels of land, previously thought to be part of the estate, were transferred to a third party, Brian Batimus Ochieng, by the deceased during his lifetime. The application seeks to amend the Schedule of the Confirmed Grant to remove the two parcels of land and that The administrators and beneficiaries have no objection to the application. The application is made in good faith to complete the estate distribution.
4. The application is also accompanied by a consent letter of the beneficiaries of the estate of the deceased .
Analysis and determination
5. I have considered the application before me , the supporting affidavit
6. I note that Millicent Kachienga one of the administrators is said to be deceased but her name appears on the face of the summons as one of the applicants and I quote ‘’ LET ALL PARTIES CONCERNED attend the Honourable Judge in Chambers on the .day of.. 2025, at 9 O''clock in the forenoon for the hearing of an Application on the part of MILLICENT ATIENO KACHIENG’A, LEONARD OWINO KACHIENG’A, PASKALIAH MUGA KACHIENG’A AND NANCY ADERA KACHIENG''A the Administrators of the Estate of the Late MICHAEL OGEМВО КACHIENG’A who died on the 11th August 2018 for orders: ‘The applicants also deponed to the fact of her demise in the supporting affidavit herein . There is no
prayer for her removal as an administrator to pave way for the remaining administrators to proceed . Even if the court allows the application as it is , the orders cannot be enforced by the applicants based on the grant and they will come back to court seeking her removal of the name of Millicent from the grant .
7. I proceed to strike out the application for the aforesaid reasons . A fresh application be filed within 14 days from today. Mention on 3.2.26 .
T.A ODERA
JUDGE
13.11.25
Delivered virtually in the presence of Miss Lilande Holding brief for Miss Ouma for the applicant and CA Mr Kipchirchir .
'
2. The application seeks to remove two parcels of land, KAJIADO/KITENGELA/97965 and KAJIADO/KITENGELA/97966, from the Schedule of Assets with reason that the parcels of land were transferred to a third party, Brian Batimus Ochieng, in August 2022. The application is supported by the consent of the deceased''s children, who are also the beneficiaries and that the amendment will to allow the administrators to complete the distribution of the estate in compliance with the Law of Succession Act.
3. On the face of their supporting affidavit , the applicants claim that The administrators discovered that two parcels of land, previously thought to be part of the estate, were transferred to a third party, Brian Batimus Ochieng, by the deceased during his lifetime. The application seeks to amend the Schedule of the Confirmed Grant to remove the two parcels of land and that The administrators and beneficiaries have no objection to the application. The application is made in good faith to complete the estate distribution.
4. The application is also accompanied by a consent letter of the beneficiaries of the estate of the deceased .
Analysis and determination
5. I have considered the application before me , the supporting affidavit
6. I note that Millicent Kachienga one of the administrators is said to be deceased but her name appears on the face of the summons as one of the applicants and I quote ‘’ LET ALL PARTIES CONCERNED attend the Honourable Judge in Chambers on the .day of.. 2025, at 9 O''clock in the forenoon for the hearing of an Application on the part of MILLICENT ATIENO KACHIENG’A, LEONARD OWINO KACHIENG’A, PASKALIAH MUGA KACHIENG’A AND NANCY ADERA KACHIENG''A the Administrators of the Estate of the Late MICHAEL OGEМВО КACHIENG’A who died on the 11th August 2018 for orders: ‘The applicants also deponed to the fact of her demise in the supporting affidavit herein . There is no
prayer for her removal as an administrator to pave way for the remaining administrators to proceed . Even if the court allows the application as it is , the orders cannot be enforced by the applicants based on the grant and they will come back to court seeking her removal of the name of Millicent from the grant .
7. I proceed to strike out the application for the aforesaid reasons . A fresh application be filed within 14 days from today. Mention on 3.2.26 .
T.A ODERA
JUDGE
13.11.25
Delivered virtually in the presence of Miss Lilande Holding brief for Miss Ouma for the applicant and CA Mr Kipchirchir .
'