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MagistrateAllowedBGM CMC Succession Case No. E208 of 2024· [2026] KEMC 342 (KLR)

In re Estate of Wangembe (Deceased) (Succession Cause E208 of 2024) [2026] KEMC 342 (KLR)

Chief Magistrate's Court, Bungoma (Succession Division)
23 July 2026
RMR. B. N. Maloba
703 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Bungoma court confirmed a family's inheritance plan, splitting a land parcel among seven sons while two daughters received nothing.

What this practically means

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Executive summary

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This was an uncontested summons for confirmation of a grant in a succession cause before the Bungoma magistrates' court, heard by R. B. N. Maloba, SPM. The petition had been instituted by petition dated 04/07/2024 and a temporary grant issued to the petitioner (noted as 16/11/2024 in the background but 16/12/2024 in the ruling and orders). The petitioner then filed a summons dated 26/06/2025 seeking confirmation of the grant and that costs be in the cause. In support, the applicant deponed that no dependant's provision application was pending, no estate duty was unpaid, and that the beneficiaries and their shares had been ascertained, with a consent on the mode of distribution filed on record. The court framed one issue: whether the applicant had complied with section 71 of the Law of Succession Act and whether the grant was ripe for confirmation. The court held that under section 71 a grant may be confirmed after six months or a shorter period as the court directs; the grant was ripe for confirmation, the beneficiaries had been identified and a schedule of distribution and consent filed, rendering the matter non-contested. The costs prayer was found compliant with section 83(c). The court allowed the summons, confirmed the grant, adopted the consent dated 26/06/2025 distributing land parcel W. Bukusu/S. Mateka/2247 among nine beneficiaries (seven receiving 0.20 Ha each and two receiving nil), directed a mention after six months for rendering of accounts and winding up under section 83(g) and (h), ordered costs to be in the cause, and closed the file. The judgment is dated 23 July 2026.

Key legal issues

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01

Whether the grant was ripe for confirmation under section 71 of the Law of Succession Act

Holding

Yes. The grant had been issued and was ripe for confirmation, and the applicant had identified all beneficiaries and filed a schedule of distribution with a consent of the beneficiaries, making the matter non-contested.

Reasoning

Section 71 requires confirmation after six months or a shorter period as the court may direct in necessitating circumstances. The court found the grant had been issued on 16/12/2024 and was therefore ripe for confirmation. The applicant had identified the beneficiaries, filed a schedule of distribution and a beneficiary consent, so the matter was non-contested and the summons was allowed.

p. 2
02

The proper order as to costs on confirmation of the grant

Holding

The prayer that costs be in the cause was allowed as it complies with section 83(c) of the Law of Succession Act.

Reasoning

The applicant sought that costs of the summons be in the cause. The court held this was perfectly in order and in compliance with section 83(c) of the Law of Succession Act, and accordingly ordered costs to be in the cause.

p. 2

Legal principles established

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  • A grant may be confirmed after expiration of six months from its issue, or such shorter period as the court may direct depending on necessitating circumstances, under section 71 of the Law of Succession Act.
  • Before confirmation, the applicant must identify the beneficiaries and file a schedule/consent on the mode of distribution; a prayer that costs be in the cause is proper under section 83(c) of the Act.

Court orders

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  1. 1.The grant issued to the Petitioner/Applicant on 16/12/2024 be and is hereby confirmed
  2. 2.The consent on the mode of distribution dated 26/06/2025 is adopted and the deceased's estate comprised in land parcel No. W. BUKUSU/S. MATEKA/2247 is distributed to the beneficiaries: John Wekesa Wanyonyi 0.20 Ha; Benjamin Wafula Wanyonyi 0.20 Ha; Patrick Bukhebi Wanyonyi 0.20 Ha; Philip Wanjala Wanyonyi 0.20 Ha; Jackson Nyongesa Wanyonyi 0.20 Ha; Pius Waswa Wanyonyi 0.20 Ha; Francis Wamalwa Wanyonyi 0.20 Ha; Grace Wabwile Wanyonyi Nil; Florence Wabwile Wanyonyi Nil
  3. 3.The matter to be mentioned after six (6) months for rendering of accounts and winding up of the estate as provided for under Section 83 (g) and (h) of the Law of Succession Act
  4. 4.File closed
Jurisdiction invoked
Sections 71 and 83 of the Law of Succession Act (Cap 160) - original probate and administration jurisdiction over the estate of the deceased

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Estate of Wangembe (Deceased) (Succession Cause E208 of 2024) [2026] KEMC 342 (KLR)", Case Analysis (2026). BGM CMC Succession Case No. E208 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/342/eng@2026-07-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.