In re Estate of Sikunyi Lusike Mulia & Stephen Wekunda (Deceaseds) [2024] KEHC 10043 (KLR)

In re Estate of Sikunyi Lusike Mulia & Stephen Wekunda (Deceaseds) (Succession Cause 64 of 1998) [2024] KEHC 10043 (KLR) (30 July 2024) (Ruling)

Neutral citation: [2024] KEHC 10043 (KLR)

Republic of Kenya

In the High Court at Bungoma

Succession Cause 64 of 1998

REA Ougo, J

July 30, 2024

In the matter of

William Wamalwa Wekunda

Applicant

Ruling

1. Before me is a Chamber Summons dated the 3rd of June 2024 filed by William Wamalwa and Donald Okumu Sikunyili who sought to substitute the deceased persons Stephen Wekunda and Herman Okumu Murunga and were allowed by this court on 12. 3.2024.

2. The applicant William Wamalwa Wekunda is seeking an order that the Honourable Court be pleased to issue an Amended Certificate of Confirmation of the Grant as per the orders issued on the 12th of March 2024.

3. The application is supported by grounds on the face of the application and an affidavit of William Wamalwa Wekunda dated 3rd June 2024. He deposes as follows; the deceased Stephen Wekunda was his father and before his demise he was one of the administrators of the estate of his late father Sikunyili Lusike Mulia the deceased. His father passed on the 6th day of June 2002. He filed an application dated the 8th of November 2023 seeking to substitute the deceased and conclude the estate's distribution process. On 12. 3.2024 the court allowed his application to substitute the deceased. As can be apparent from the Ruling, Donald Okumu Sikunyili was also appointed to substitute Herman Okumu Murunga ( deceased) according to the Certificate of Confirmation of Grant. He, therefore, seeks an amendment of the Certificate.

4. The application was not opposed.

5. I have considered the application and it is apparent that after the ruling dated 12. 3.2024, the Registry did not issue a grant. What the applicant is seeking is an administrative action. Let the In- charge of the concerned Registry issue an amended certificate of grant in line with the court’s ruling dated 12. 3.2024. No order as to costs.

DATED, SIGNED, AND DELIVERED VIRTUALLY AT BUNGOMA ON THE 30TH DAY OF JULY 2024. R.E.OUGOJUDGEIn the presence of:Mr. Murunga -For the ApplicantRespondent - AbsentWilkister - C/A