In re Estate of Ibrahim Likabo Miheso (Deceased) [2022] KEHC 14991 (KLR)

In re Estate of Ibrahim Likabo Miheso (Deceased) (Succession Cause 172 of 2008) [2022] KEHC 14991 (KLR) (4 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14991 (KLR)

Republic of Kenya

In the High Court at Kakamega

Succession Cause 172 of 2008

WM Musyoka, J

November 4, 2022

IN THE MATTER OF THE ESTATE OF IBRAHIM LIKABO MIHESO (DECEASED)

Ruling

1. On February 14, 2022, I allowed Ms Mburu to file written submissions on whether Fredrick Muhanji Mangala should testify. She has complied. I have read though the written submissions, and noted the issues raised.

2. The initial grant was made to the 1st protestor. It presented only 1 asset for distribution, being Kakamega/Shitochi/1064. The grant was confirmed on February 17, 2010, and Kakamega/Shitochi/1064 was shared equally between the 3 sons.

3. Transmission was done on August 17, 2010, and that property was split in 3, and titles were issued to each of the 3 sons.

4. I understand Fredrick Muhanji Mangala to say that he bought the portion he has after the confirmation proceedings of 2010, and the transmission of the assets was done later that same year.

5. It would appear that Fredrick Muhanji Mangala could come under the protection provided by section 93 of the Law of Succession Act, cap 160, Laws of Kenya.

6. Consequently, I shall allow him to testify, in an effort to demonstrate that section 93 protects his transaction. I shall allocate a date for hearing him, at the delivery of this ruling.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 4TH DAY OF NOVEMBER 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Ms Rauto, instructed by Rauto & Company, Advocates for the applicant.Ms Mburu, instructed by Malala & Company, Advocates for the 1st protestor and Fredrick Muhanji Mangala.