Lusitina Jason Namayi; Wycliffe Shibia Wanamayi (Applicants) (In the Matter of the Estate of Jason Namayi Wandabwa (Deceased)) [2005] KEHC 2073 (KLR)

IN THE HIGH COURT OF KENYA AT KAKAMEGA SUCCESSION CAUSE NO. 191 OF 2001 IN THE MATTER OF THE ESTATE OF THE LATE JASON NAMAYI WANDABWA (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR AMENDMENT OF THE GRANT AND 1. LUSITINA JASON NAMAYI 2. WYCLIFFE SHIBIA WANAMAYI ::::::::::PETITIONERS/APPLICANTS RULING

The Petitioners, Messrs Lustina Jason Namayi, and Wycliffe Shibia Wanamayi sought in their application dated 13. 7.2004 an order that the Grant of Letters of Administration made on 21-12-2001 to them and Gilbert Chamwoma Namayi in the estate of the late Jason Namayi Wandabwa, deceased, be amended by substituting the name of Gilbert Chamwona Namayi with that of Kenneth Kangu Namayi because the former died on 30. 7.2002. The applicants/Petitioners also sought orders to add onto the list of the assets constituting the estate of the deceased Land title No. Marama/Lunza/4 and land title No.Marama/Buchenya/584. They also sought an order for inclusion as heirs Messrs Kenneth Kangu Namayi, John Omumamu Namayi and Esther Atsango.

I have perused the application and I am satisfied that it is in the interest of justice to allow it and to grant the orders sought. Accordingly, I allow it and grant the orders sought.

It is so ordered.

Dated at Kakamega this 24th day of June, 2005.

G. B. M. KARIUKI J UD G E