REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO 14 OF 2020
IN THE MATTER OF THE ESTATE OF SAUL MAKWINGWI SONGWA ( DECEASED)
GEORGE WAKHUNGU SONGWA…………………...PETITIONER
VERSUS
PATRICK BARASA MAKWINGWI…………………1 ST APPLICANT
ARMSTRONG SIMIYU SONGWA…………………2 ND APPLICANT
RULING
The 1 st and 2 nd applicants in motion dated 21 st November 2024, brought under sections 3, 45, 49 and 76 of the Law of Succession Act, seek the following orders;
The Honourable court to discharge, vacate and set aside its orders made on 19.10.2023 and dismiss the application dated 7.9.2022.
The previous confirmation of the grant to revert, and that costs be provided for.
The application is supported by four grounds listed on the face of the application as follows: that the applicant has failed, abandoned, or ignored the proper legal process, thereby making the administration of the estate difficult. The applicant was given an opportunity to be heard on the confirmed grant but has deliberately squandered this courtesy of the honourable court. The estate was fully confirmed, and the beneficiaries, including the applicant, registered their shares.
The application is supported by the affidavit of Patrick Barasa Songwa, a co-administrator. He states that the matter was previously confirmed and all beneficiaries received title deeds. All children of the deceased were provided for. The applicant has failed to pursue his intended applications, and it would be wise to have the orders discharged or set aside. The suit to revert to its original status of grant was confirmed, and the file was closed.
The application was not opposed.
On 19th October 2023, this court delivered a ruling on the petitioner’s application dated 7th September 2022. In that ruling, the petitioner was ordered to file his mode of distribution within 30 days from 19th October 2023. The petitioner has failed to comply. It has been 22 months since this court issued the said order. It is evident that he is no longer interested in the matter and is making the administration process difficult for the other beneficiaries. To enable the applicants to conclude this matter, I set aside my orders of 19th October 2023, which had set aside the certificate of confirmation issued on 30th July 2021. The certificate of confirmation of grant was for the grant issued to the applicants on 14th May 2020. There will be no order as to costs.
Dated, signed and delivered at Bungoma on this 29 th July 2025.
R.E.OUGO
JUDGE
In the presence of:
Mr. Oloonyi h/b For Mr. Sichangi -For the Applicants
Respondent - Absent
Wilkister -C/A
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO 14 OF 2020
IN THE MATTER OF THE ESTATE OF SAUL MAKWINGWI SONGWA ( DECEASED)
GEORGE WAKHUNGU SONGWA…………………...PETITIONER
VERSUS
PATRICK BARASA MAKWINGWI…………………1 ST APPLICANT
ARMSTRONG SIMIYU SONGWA…………………2 ND APPLICANT
RULING
The 1 st and 2 nd applicants in motion dated 21 st November 2024, brought under sections 3, 45, 49 and 76 of the Law of Succession Act, seek the following orders;
The Honourable court to discharge, vacate and set aside its orders made on 19.10.2023 and dismiss the application dated 7.9.2022.
The previous confirmation of the grant to revert, and that costs be provided for.
The application is supported by four grounds listed on the face of the application as follows: that the applicant has failed, abandoned, or ignored the proper legal process, thereby making the administration of the estate difficult. The applicant was given an opportunity to be heard on the confirmed grant but has deliberately squandered this courtesy of the honourable court. The estate was fully confirmed, and the beneficiaries, including the applicant, registered their shares.
The application is supported by the affidavit of Patrick Barasa Songwa, a co-administrator. He states that the matter was previously confirmed and all beneficiaries received title deeds. All children of the deceased were provided for. The applicant has failed to pursue his intended applications, and it would be wise to have the orders discharged or set aside. The suit to revert to its original status of grant was confirmed, and the file was closed.
The application was not opposed.
On 19th October 2023, this court delivered a ruling on the petitioner’s application dated 7th September 2022. In that ruling, the petitioner was ordered to file his mode of distribution within 30 days from 19th October 2023. The petitioner has failed to comply. It has been 22 months since this court issued the said order. It is evident that he is no longer interested in the matter and is making the administration process difficult for the other beneficiaries. To enable the applicants to conclude this matter, I set aside my orders of 19th October 2023, which had set aside the certificate of confirmation issued on 30th July 2021. The certificate of confirmation of grant was for the grant issued to the applicants on 14th May 2020. There will be no order as to costs.
Dated, signed and delivered at Bungoma on this 29 th July 2025.
R.E.OUGO
JUDGE
In the presence of:
Mr. Oloonyi h/b For Mr. Sichangi -For the Applicants
Respondent - Absent
Wilkister -C/A