Rodgers Matifari v Peter Wangila Matifari

3. Beatrice Masi Pwondi Matifari SONS: 1. George Tindi Matifari 2. Patrick Wekesa Matifari 3. Charles Wakhungu Matifari 4. John Wamalwa Matifari 5. Mourice Wanjala Matifari 6. Christopher Waswa Matifari (deceased) (2) WIDOW 2: MARY NAMAEMBA MATIFARI (Deceased) DAUGHTERS: 1. Fridah Nafula Matifari 2. Perita Nafunal Matifari SONS: 1. Sylvester Juma Matifari 2. Zacharia Simiyu Matifari (3) WIDOW 3: FRIDA NAMAROME MATIFARI DAUGHTERS: 1. Concepita Nakhumicha Matifari 2. Brigit Nasambu Matifari SONS: 1. Peter Wangila Matifari 2. Eliud Wabomba Matifari 3. Martin Shikuku Matifari (4) WIDOW 4: REPA MAFUNA MATIFARI (Deceased) DEPENDANTS: 1. Meshack Wangila 2. Robert Wafula (5) WIDOW 5: GRACE NAFULA MATIFARI DAUGHTERS: 1. Violet Nasimiyu Matifari 2. Everlyne Namutosi Matifari SON:

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1. Chrispinus Nyongesa Matifari (6) WIDOW 6: JANE NANGEKHE MATIFARI SON: 1. Josephat Sifunal Matifari DEFENDANT: 1. Isaya Matifari (7) WIDOW 7: MARGARET NABALAYO MATIFARI DAUGHTERS: 1. Josphine Wamalwa Matifari 2. Gladys Nafuna Matifari 3. Judith Kesia Matifari (8) WIDOW 8: MARISIANO NABANGALA MATIFARI DAUGHTER: 1. Centrine Ndelema Matifari (9) WIDOW 9: PRISILA NAMALWA MATIFARI DAUGHTER: 1. Merceline Nafula Matifari (10) WIDOW 10: EVERLYNE NALIAKA MATIFARI DAUGHTERS: 1. LNM (Minor) 2. CNM (Minor) 3. RM (Minor) SONS: 1. IWM (Minor) 2. MWM (Minor) 3. FWM (Minor) DEPENDANT: 1. Godfrey Mukhwana Juma The deceased at time of death had the following properties/parcels of land; PARCEL NO. MEASUREMENT E. BUKUSU/N. KANDUYI/4648 0.026HA

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W. BUKUSU/N. MATEKA/1381 2.9HA W. BUKUSU/N. MATEKA/1384 1.9HA W. BUKUSU/N. MATEKA/1687 2.3HA W. BUKUSU/N. MATEKA/1770 1.33HA W. BUKUSU/N. MATEKA/xxxx 31.20HA W. BUKUSU/N. MATEKA/2420 2.50HA W. BUKUSU/N. MATEKA/2421 2.70HA W. BUKUSU/N. MATEKA/2422 1.46HA W. BUKUSU/N. MATEKA/2423 4.50HA W. BUKUSU/N. MATEKA/2425 1.25HA W. BUKUSU/N. MATEKA/2428 2.00HA W. BUKUSU/N. MATEKA/2429 1.30HA W. BUKUSU/N. MATEKA/2430 3.00HA W. BUKUSU/N. MATEKA/2431 3.45HA The deceased had also a property in Uganda Parcel No. MARAKARU BUDARIRI BLOCK/ROAD 4 PLOT No. 131 Measuring 62 Acres. He also had a plot W. BUKUSU/N. KANDUYI/4648 on which there was development. By direction of this court the 2 petitioners gave evidence in support of their mode of distribution. Grace Nafula Matifari the Widow testified in support of 2 nd Petitioner Rodgers Matifari proposed mode. She testified that the deceased had 10 wives; (1) Rosina Naliaka Matifari (2) Mary Namaemba (deceased) (3) Fridah Namarome (4) Repa Nafuna (deceased) (5) Grace Nafula (6) Jane Nangekhe (7) Margaret Nabalayo (8) Marisiano Nabangala (9) Priscilla Namalwa (10) Everlyne Naliaka She testified that after the death of deceased a Meeting was held on 12.6.2012 chaired by Jim Busolo as the Chairman where the distribution as the proposal was agreed in the “lufu” Meeting. She supports the distribution as made during the “lufu” Meeting. On being cross examined by Musumba for 1st Petitioner she admitted attending the Meeting held on 24.9.2016 where she was given 4 acres and she signed the Minutes. In respect to Uganda property she testified that Uganda Land had not been distributed. Isaya Kutoyi was the Secretary of the Meeting held on 24.9.2016 in which distribution of estate was done as per the proposal by Rodgers Matifari the 2nd Administrator. He however did not attach the list of the beneficiaries who attended the meeting. Simon Simiyu a son of deceased also attended the Meeting and confirmed this distribution. Upon cross examination he admitted that the deceased had prior to his death gave him 2.9 acres from Bukusu/N. Mateka/2425 part of which he has sold.

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Rodgers Matifari 1st petitioner testified that deceased had 10 wives - 8 are alive and 2 are deceased. Prior to his death the deceased had appointed Patrick Wekesa Matifari as Chairman of his Committee running his affairs including a bank account. He proposed that court adopted his mode of distribution. He proposed that the Plot E. Bukusu/N. Kanduyi/4648 which is developed be given to the widows. He also urges the Uganda property be included in the estate and distributed. He confirmed that W. Bukusu/N. Mateka/2127 Measuring 1.3HA was transferred to his name. He also confirmed W. Bukusu/N. Mateka/1770 is occupied by Martin Sikuku - his Step brother, and Margaret his (Rodgers) real mother. 1st Petitioner witness Peter Wangila Matifari the 2 nd Petitioner filed an affidavit of protest sworn on 2.2.2018. He testified that a meeting held on 24.9.2016 the estate was distributed according to the proposal in paragraph 12 of his affidavit. He testified that the widows were each given 4 acres to share with their daughters. Plot No. E. Bukusu/N. Kanduyi/4648 Measuring 25ft by 100ft which is developed be left for the widows and the income from the property be used to support the widows. He in respect to Uganda land he stated that it is not available for distribution as it is registered in name Patrick Wekesa. According to him he proposed his mode as hereunder: S/NO. NAMES ACRES PARCEL NO. ID. NO. 1. GEORGE TINDI 10 2421 & 2422 [….] 2. SYLVESTER JUMA 11 2423 [….] 3. CHARLES WAKHUNGU 7.5 2430 [….] 4. JOHN WAMALWA 3.5 2429 [….] 5. CHRISTOPHER WASWA 6 2428 6. ZACHARIA SIMIYU 8.4 2431 7. CHRISPINUS NYONGESA 6.12 2420 8. JOSEPHAT SIFUNA 4.8 1384 [….] 9. MARTIN SIKUKU 3 1381 [….] 10. RODGERS WABOMBA 3.4 1770 11. SIMEON SIMIYU 2.9 2425 12. IW 12 xxxx MINOR 13. FW 12 xxxx MINOR 14. MW 12 xxxx MINOR 15. GM 1 xxxx MINOR The Minor Parcels of Land will be held in truest by the Mother, Everlyne Naliaka and the Administrator Peter W. Matifari until they attain the age of 18 years. All the daughters will share land with their mothers. S/NO. NAMES ACRES PARCEL NO. ID. NO. 1. Rosina Naliaka 4 Acres 2419 [….] (a) Prisila Munika [….]

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(b) Felister Namiyu [….] (c) Beatrice Nasipwondi [….] Mary Namaemba - Deceased Deceased 2. (a) Frida Nafula 4 Acres 2419 [….] (b) Peritaa Nafuna Frida Namarome [….] 3. (a) Consepta Nakhumicha 4 Acres 2419 [….] (b) Bridgit Nasambu Repa Nafuna - Deceased (a) Meshack Wangila Wanami 4. [….] 4 Acres 2419 (b) Robert Wafula [….] (Trust will be in the hands of the Administrator (Peter W. Matifari) Grace Nafula 5. (a) Violet Nasimiyu 4 Acres 2419 3 Acres 1687 [….] (b) Everlyne Namutosi Jane Nangekhe 6. (a) Isaya Matifari [….] Margaret Nabalayo (a) Josphine Namalwa 7. 4 Acres 1381 4 Acres 2419 4 Acres 2419 (b) Gladys Nafuna (c) Judith Kesia Marisiano Nabangala 8. (a) Centrine Nderema Prisila Namalwa 9. (a) MN Minor Everlyne Naliaka [….] (a) LN 10. Minor 4 Acres 2419 (b) CN Minor (c) RM Minor Eliud Wabomba Matifari a son of the deceased testified that he attended the Meeting of 24.9.2016 chaired by Patrick Wangamati where the property were shared. Rodgers Matifari the 2nd Petitioner did not attend

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the Meeting. Patrick Wekesa Matifari a Son of the deceased confirmed in the meeting of 24.9.2016 chaired by Patrick Wangamati, attended by Paulo Wanyama, Joseph Makokha, Martin Sikuku who are Members of Bamuyonga clan. He testified that before his death the deceased had given to him the land in Uganda which is now registered in his name and is therefore not part of the estate; for distribution. He also testified that Rodgers had been given 5 Acres of land bought for Richard Ngome. From the evidence tendered by the 1 st and 2nd Petitioner and the witnesses, it is apparent that the deceased had during his life time given on the ground certain property to the dependants. The parcel No. E. Bukusu/North Mateka/2419 measuring 79.3 Acres had not been settled. The other property not allocated were E. Bukusu/N. Kanduyi/4648 measuring 25ft by 100ft which is developed with premises from which there rental income, Mateka/Budadiri Block/Road 4 Plot No. 131. There is an issue whether this farm in Uganda was part of the estate and available for distribution. Patrick Wekesa testified that the deceased had given him this land before he died. He readily admits the land belonged to the deceased. He then stated he was given the land by deceased but in his statement he said he bought it but produced no evidence of purchase. None of his witnesses testified to how the deceased gave Patrick the land and most were unaware of any such transfer. I am satisfied that any registration at this parcel of land in name of Patrick was fraudulent. I therefore find that the Marakaru/ Bubadiri Block/Road 4 Plot No. 131 in Uganda is part of the estate and available for distribution. I find that there was a meeting held on 24.9.2016 where the distribution of the estate was considered. Considering all the evidence and submission, I hereby distribute the estate as hereunder; SM/NO NAMES ACRES PARCEL NO. 1. GEORGE TINDI 10 2421 & 2422 2. SYLVESTER JUMA 11 2423 3. CHARLES WAKHUNGU 7.5 2430 4. JOHN WAMALWA 3.5 2429 6 2428 CHRISTOPHER WASWA 5. (a) ROSE MACHUMA (b) ROSELINE NALIAKA 6. ZACHARIA SIMIYU 8.4 2431 7. CHRISPINUS NYONGESA 6.12 2420 8. JOSEPHAT SIFUNA 4.8 1384 9. MARTIN SIKUKU 3 1381 10. RODGERS WABOMBA 3.4 1770 11. SIMEON SIMUYU 2.9 2425 12. ISAAC WANYONYI 12 2419 13. FRED WANJALA 12 2419 14. MANUEL WEKESA 12 2419 15. GODFREY MUKHWANA 1 2419 NOTE: All the daughter will share land with their mothers. WIDOWS:

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S/NO. NAMES ACRES PARCEL NO. ROSINA NALIAKA [….] (a) PRISILA MUNIKA 1. ID. NO. [….] 4 Acres 2419 (b) FELISTER NASIMIYU [….] (c) BEATRICE NASIPWONDI [….] MARY NAMAEMBA Deceased (Deceased) ([….]) 2. 4 Acres 2419 (a) FRIDA NAFULA (b) PERITA NAFUNA No Kenyan ID FRIDA NAMAROME 3. (a) CONCEPT NAKHUMICHA [….] 4 Acres 2419 (b) BRIDGIT NASAMBU [….] REPA NAFUNA (Deceased) 4. (a) MESHACK W. WANAMI [….] Deceased 4 Acres 2419 (b) ROBERT WAFULA [….] [….] GRACE NAFULA [….] 5. (a) VIOLET NASIMIYU 4 Acres 2419 [….] (b) EVERLYNE NAMUTOSI JANE NANGEKHE 6. [….] 3 Acres 1687 (a) ISAYA MATIFALI [….] MAGARET NABALAYO (a) JOSEPH NAMALWA 7. 4 Acres 1381 4 Acres 2419 [….]Not acquired ID 4 Acres 2419 [….] 4 Acres 2419 [….] (b) GLADYS NAFUNA (c) JUDITH KESIA MARISIANO NABANGALA 8. (a) CENTRINE NDEREMA PRISILA NAMALWA 9. (a) MERCELINE NAFULA 10. EVERLYNE NALIAKA (a) LN MINOR

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(b) CN MINOR (c) RM MINOR SHARE BENEFICIARIES LAND PARCEL NO. (ACRES) ROSINA NALIAKA MATIFARI JANE NANGEKHE MATIFARI 6 FRIDA NAMAROME MATIFARI 6 ZACHARIA SIMIYU MATIFARI 6 (On Behalf of MARY NAMAEMBA (Deceased) 6 GRACE NAFULA MATIFARI MARGARET MATIFARI NABALAYO 6 6 MARISIANO MATIFARI NABANGALA UGANDA 6 PRISCILLA MATIFARI N LAND BUDADIRI BLOCK 4 PLOT NO. 131 IN NAMALWA TRUST OF PATRICK WEKESA MATIFARI 6 EVERLINE MATIFARI NALIAKA 4 ROBERT WAFULA MAKOKHA 4 On behalf of REPA NAFUNA (Deceased) 6 RODGERS MATIFARI OBATA PETER WANGILA MATIFARI (ADMINISTRATIVE COSTS) The plot parcel No. E. Bukusu/N. Kanduyi/4648 to be jointly registered in the names of 10 widows of the deceased who will agree on the mode of administering the property and income. Dated, Signed and Delivered at Bungoma this 5th day of June, 2020 ........................

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S.N. RIECHI JUDGE

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