In re Estate of Blanche Wayua Thomas Malinda alias Blanche Wayua Malinda (Deceased) [2022] KEHC 1508 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HC. P&A  NO.  15 OF 2019

IN THE MATTER OF THE ESTATE OF THE LATE BLANCHE WAYUA

THOMAS MALINDA aliasBLANCHE WAYUA MALINDA (DECEASED)

CHARLES KASYOKA MALINDA alias

CHARLES KASYOKA THOMAS MALINDA.........................1ST ADMINISTRATOR

SARAH WAVINYA MALINDA – KILONZO alias

SARAH WAVINYA THOMAS MALINDA- KILONZO......2ND ADMINISTRATOR

RULING

1. Before me is an application brought by way of Notice of Motion dated 14th July 2021 filed by the executor and executrix through counsel Koki Mbulu & company for revision of the confirmed grant of probate in respect of the assets of the deceased herein.

2. The application is supported by the affidavit sworn on 14th July 2021 by Charles Kasyoka Malinda the executor in which the seven (7) additional properties are listed.

3. When the application initially came before me, I ordered that the applicants file evidence showing that the assets belong to the deceased, and thereafter, documentary evidence was filed.

4. Having perused and considered the documentary evidence on the assets filed in support of the application, I am persuaded that indeed the additional assets belong to the estate of the deceased.

5. In view of the above consideration therefore and the fact that no objection has been filed, and exercising this court’s powers under section 47 of the Law of Succession Act (cap.160), I allow the application dated 14th July 2021 and hereby include the seven (7) assets in this application in the list in the assets in the confirmed grant of probate herein.

6. The confirmed grant of probate herein is thus reviewed as requested to that extent, and a revised certificate of confirmation of grant of probate will issue accordingly to include the additional assets.

DATED SIGNED & DELIVERED, THIS 16TH DAY OF MARCH 2022, IN OPEN COURT AT MAKUENI.

................................

GEORGE DULU

JUDGE