REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA SUCCESSION CAUSE NO. 556 OF 2004 IN THE MATTER OF THE ESTATE OF LYDIA KHAMALISHI (DECEASED) REUBEN BURUDI SATIA ……..………….………... PETITIONER VERSUS AYUB CHEMANGA ………………….....……...... 1ST PROTESTOR EDWARD MAHANGA ……………………......... 2ND PROTESTOR MARK MMASI ………........................................... 3RD PROTESTOR JAIRUS M. WACHIYA ………………………....... 4TH PROTESTOR DAVID MUSWACHI ……………..….................... 5TH PROTESTOR RULING 1. The petitioner has filed summons for confirmation of grant dated 30 th March, 2012 seeking that the grant issued to him on the 7 th May, 2008 be confirmed. The application was opposed by one David Muswachi vide his affidavit of protest filed in court on the 16 th April, 2013 in which he opposed the mode of distribution proposed by the petitioner on the grounds that the petitioner is a stranger to the estate of the deceased and that he is not even a member of the deceased’s family. Further that the action by the respondent of filing the succession cause was mischievous and intended to grab the estate of the deceased. 2. The affidavit of protest was followed by a reply by the petitioner to the affidavit of protest filed on 30 th April, 2013. Since then the petitioner has been taking hearing dates for the hearing of the application yet no directions have been taken on the manner as to how the protest should proceed. 3. In the premises parties to take a mention date with the view of taking directions on how to proceed with the protest. Delivered, dated and signed in open court at Kakamega this 6th day of February, 2020. J. NJAGI JUDGE In the presence of: Mr. Mukavale for petitioner Petitioner – present Protestors - absent Court Assistant - Polycap 30 days right of appeal.
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