In re Estate of Amos Acklays (Deceased) [2025] KEHC 2847 (KLR)

In re Estate of Amos Acklays (Deceased) (Family Miscellaneous Application E070 of 2024) [2025] KEHC 2847 (KLR) (11 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2847 (KLR)

Republic of Kenya

In the High Court at Kisumu

Family Miscellaneous Application E070 of 2024

A Mabeya, J

March 11, 2025

IN THE MATTER OF THE ESTATE OF AMOS ACKLAYS (DECEASED)

Between

Pauline K Koky

1st Applicant

Juliah H Migoye

2nd Applicant

Jeniffer J Wasianga

3rd Applicant

Abigael O Anyango

4th Applicant

and

Roy S Akala

1st Respondent

Samuel S Oketch

2nd Respondent

Jeremiah J Obiero

3rd Respondent

Felix J Aganjo

4th Respondent

Ruling

1. I have considered the representations of consents. I have considered especially the submission by Mr. Ogada that he needs to have the affidavit of protest dated 6th March, 2025 heard. He has also referred to Court to a pending application by Mr. Ken Omollo’s client dated 13th December, 2012.

2. Firstly, the application dated 13th December, 2012 has never been a subject of any hearing. The fact that the grant was issued on 23rd October, 2012, that objection had been overtaken. In any event, for reason that the objectors are now in support of the confirmation, they are deemed to have abandoned the objection.

3. Secondly, Mr. Ogada’s submission that he thought he had 14 days to file the affidavit of protest does not hold. The directions of 24th February, 2025 were in writing. The affidavit was supposed to be filed and served within 7 days and be responded to within a similar period.

4. Thirdly, this is a 2012 matter. Aburili J had given the protestor 14 days to file and serve the Protest on 28th November, 2024. He failed to comply. On 24th February, 2025, I thought of giving the protestor the last chance of being heard. Indeed, I gave a self-executing order so as to ensure the Protestor does not drag the matter any further. He decided to file the protest out of time; on 6th March, 2025 instead of 3rd March, 2025.

5. I have seen the Protest. Rather than condemn the protestor without being heard, I give the following direction: -a.Let the Protest be prosecuted by way of submissions in writing.b.The protestor to file and serve submissions within 14 days. In default the Protest will be deemed to have been unprosecuted.c.The other parties do file and serve submissions within 14 days of 25th March, 2025. d.Ruling on the protest on 9th May, 2025. It is so ordered.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF MARCH, 2025. A. MABEYA, FCI ArbJUDGE