Tesina Mumanani Shipaka v Janet Inzero

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA SUCCESSION CAUSE NO. 273 OF 2001 IN THE MATTER OF THE ESTATE OF SOLOMON LUSENO BAKHUYA– DECEASED BETWEEN TESINA MUMANANI SHIPAKA......................................................PETITIONER/RESPONDENT VERSUS JANET INZERO....................................................................................OBJECTOR/APPLICANT RULING 1. Solomon Luseno Bakhoya died on 2.10.1990 and by a Petition filed on 27.6.2001, Deresina Mmanani Shipaka sought a grant of letters of administration to his estate and did not indicate her relationship with the deceased but stated that she wanted the letters of administration “for purpose of suing”. 2. The grant was made on 26.6.2001 by Waweru, J. and on 11.11.2005, she introduced land parcel number Idakho/Shivakala/1024 as an asset available for distribution and applied that the land be transmitted to herself solely. 3. On 7.11.2006, Janet Inzero filed a protest to the confirmation of grant and in an Affidavit sworn on the same day, she deponed that she was one of the daughters of the deceased person and she stated that she was entitled to 0.375 acres of the above land and the petitioner was entitled to the same acreage and that one Stephen Maina was also entitled to 0.5 acres as was the wish of the deceased. That the said Maina was the deceased’s nephew and had taken care of him before his death and thereafter gave him a decent burial. 4. In an Affidavit sworn on 23.10.2007, Deresina indicated that the protester had no right to the estate neither did Stephen Maina. That Janet Inzero was not her sister and she did not know one Elizabeth Tsiluma who was said to be Janet’s mother and that Stephen Maina was a stranger colluding with Janet to disinherit her. 5. My view is that although parties had asked me to make a Ruling on distribution on the basis of the

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