In re Estate of Gerald Amboye Machembe (Deceased) [2021] KEHC 13594 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKEMEGA

SUCCESSION CAUSE NO. 101 OF 2001

IN THE MATTER OF THE ESTATE OF GERALD AMBOYE MACHEMBE (DECEASED)

RULING

1.  In the judgment I delivered herein on 18th June 2021, I ordered the administrators to file a further or further affidavits within thirty days to disclose the daughters of the deceased, or their survivors; and to group the survivors of the deceased according to his five houses. They have filed a further affidavit, on 18th August 2021, sworn on even date.

2.  I had, in the judgment, postponed confirmation of the grant, for one year, pending determination of ownership of Butsotso/Esumeyia/346, in separate proceedings. That should take us to June 2022.

3.  Consequently, I hereby direct that this matter be mentioned on a date after 18th June 2022, that the administrators shall obtain at the registry, or at the delivery of this ruling, for the purpose of addressing the issues the subject of orders (2) and (3) of the judgment of 18th June 2021.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS ………20th ………………………. DAY OF …………DECEMBER…………………. 2021

W. MUSYOKA

JUDGE

In the presence of:-

Erick Zalo – Court Assistant

Nicholas Waswa

Margaret Makokha

Amina Amboye

Alex Alunya Waswa