Ruling
1. Upon the Petitioners' Notice of Motion dated 23.2.2026 coming up for hearing in the first instance before me this 23rd day of February 2026, I have considered the application, the affidavit in support thereof sworn on even date by Erastus Wafubwa and Evans Wanyonyi Wafubwa, and the enclosures annexed thereto and I do note that the applicants were directed on 11.2.2026 to file summons for confirmation of grant but it is their case that the survey work that is necessary for purposes of establishing the acreage under settlement by the beneficiaries has been frustrated by some beneficiaries hence the need for the orders sought herein.
2. I have established from the annexure marked as EWM1 that the one Jackson Rapando Osundwa, the Deputy County Commissioner Webuye West Sub County has purported to issue a directive for the maintenance of status quo, yet he has no mandate to interfere with this cause nor with the estate of the deceased. The conduct of the said DCC amounts to intermeddling with the estate of the deceased.
3. Premised upon the reasons aforestated, I do find that this application is well merited and I thus allow it and I proceed to make the following orders :-
i) This application is certified as urgent.
ii) The County Surveyor Bungoma County and the Land Registrar Bungoma County are hereby ordered to visit land parcels numbers Bokoli/ Misikhu/173, Bokoli/ Misikhu/259 and Bokoli/Misikhu/282 for the following purposes:-
a) Ascertaining acreage and boundaries.
b) Determine the most appropriate mode of distribution by identifying the occupation and developments status of each beneficiary;
c) That the County Surveyor Bungoma County to file a report in court within 7 days after the site visits.
iii The Officers Commanding the Kimilili police station and /or the police station nearest to the said parcels of land to provide security during the survey exercise referred to in order ii) hereinabove.
Delivered, Signed and Dated at Bungoma this 23rd day of February 2026.
M. S. Shariff
Judge
1. Upon the Petitioners' Notice of Motion dated 23.2.2026 coming up for hearing in the first instance before me this 23rd day of February 2026, I have considered the application, the affidavit in support thereof sworn on even date by Erastus Wafubwa and Evans Wanyonyi Wafubwa, and the enclosures annexed thereto and I do note that the applicants were directed on 11.2.2026 to file summons for confirmation of grant but it is their case that the survey work that is necessary for purposes of establishing the acreage under settlement by the beneficiaries has been frustrated by some beneficiaries hence the need for the orders sought herein.
2. I have established from the annexure marked as EWM1 that the one Jackson Rapando Osundwa, the Deputy County Commissioner Webuye West Sub County has purported to issue a directive for the maintenance of status quo, yet he has no mandate to interfere with this cause nor with the estate of the deceased. The conduct of the said DCC amounts to intermeddling with the estate of the deceased.
3. Premised upon the reasons aforestated, I do find that this application is well merited and I thus allow it and I proceed to make the following orders :-
i) This application is certified as urgent.
ii) The County Surveyor Bungoma County and the Land Registrar Bungoma County are hereby ordered to visit land parcels numbers Bokoli/ Misikhu/173, Bokoli/ Misikhu/259 and Bokoli/Misikhu/282 for the following purposes:-
a) Ascertaining acreage and boundaries.
b) Determine the most appropriate mode of distribution by identifying the occupation and developments status of each beneficiary;
c) That the County Surveyor Bungoma County to file a report in court within 7 days after the site visits.
iii The Officers Commanding the Kimilili police station and /or the police station nearest to the said parcels of land to provide security during the survey exercise referred to in order ii) hereinabove.
Delivered, Signed and Dated at Bungoma this 23rd day of February 2026.
M. S. Shariff
Judge