REPUBLIC OF KENYA. IN THE HIGH COURT OF KENYA AT BUNGOMA. SUCCESSION CAUSE NO. 75 OF 2009. IN THE MATTER OF THE ESTATE OF SHADRACK KHISA NALIAKHO (DECEASED) FRANK KHISA NALIAKHO...................................................1 ST PETITIONER CHRISISTIM WEKESA KHISA.............................................2ND PETITIONER CATHERINE NASIMIYU KHISA..........................................3RD PETITIONER GLADYS NAKHUMICHA KHISA.........................................4TH PETITIONER JUDGEMENT Shadrack Apollo Naliakho died on 31.7.2008. He was survived by Widow Susan Khisa, 6 Sons, and 5 Daughters. He died intestate. His estate comprised of Land, Buildings, Shares and Money in Bank Accounts. On 27.4.2009, his widow, Susan Khisa and Sons Frank Khisa and Chrispinus Nyongesa filed this Succession Cause. They applied for grant of letters of administration intestate and the grant was issued jointly to; (1) Susan Khisa (2) Frank Khisa (3) Chrisistim W. Khisa. Susan Khisa, the 1st Petitioner passed on on 22.5.2014 before the grant could be confirmed. On 2.7.2015 on application, Catherine Nasimiyu Khisa and Gladys Nakhumicha Khisa joined Frank Khisa and Chrisistim Wekesa as the 3 rd and 4th Petitioners. Frank Khisa died before confirmation and was substituted by Edward Simiyu Khisa. The Petitioners now are; (1) Edward Simiyu Khisa (1st Petitioner) (2) Chrisistim Wekesa Khisa (2nd Petitioner) (3) Catherine Nasimiyu Khisa (3rd Petitioner) (4) Gladys Nakhumicha Khisa (4th Petitioner) The deceased at time of death was survived by the following dependants; 1. Susan Naliaka Khisa (Widow) deceased 2. Maurice Khisa (Son) deceased 3. Fredrick Naliakho Khisa (Son) deceased 4. Rose Khisa (Daughter) deceased 5. Frank Khisa Naliakho (Son) deceased 6. Catherine Nasimiyu Khisa (Daughter) 7. Gladys Nakhumicha Khisa (Daughter)
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8. Lilian Matanda Khisa (Daughter) 9. Chrisistim Wekesa Khisa (Son) 10. Chrispinus Nyongesa Khisa (Son) 11. Stella Nafula Khisa (Daughter) 12. Edward Simiyu Khisa (Son) He also left the following Assets; PROPERTIES: (a) Those registered in the deceased’s name NO. TITLE NUMBER LOCATION NAME 1. East Bukusu/South Kanduyi/30 Near Kanduyi Primary School 2. East Bukusu/South Kanduyi/33 Ten Star 3. West Bukusu/North Miyanga/272 Miyanga 4. East Bukusu/North Kanduyi/14 Namuyemba (Home) 5. East Bukusu/South Kanduyi/461 Mufutu 6. East Bukusu/North Kanduyi/3045 Khisa Estate 7. Bungoma/Township/282 Namachanja (a) 8. Bungoma/Township/283 Namachanja (b) 9. East Bukusu/South Kanduyi/6033 Near Kanduyi Inn (b) Those not registered in the deceased’s name NO. TITLE NUMBER LOCATION NAME 1. East Bukusu/South Kanduyi/981 Within Bungoma Central Business District 2. Rainbow House Kanduyi Malaba Stage 3. Bungoma/Township/221 Municipal Market Bungoma (Safaricom House) 4. Shops at Bisunu Bisunu Shopping Centre 5. South Malakisi/Kilisiru/[….] Ancestral at Bisunu village (c) Other properties/shares
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NO. TITLE NUMBER NUMBER OF SHARES 1. Standard Chartered Bank Account No.[….] 155 2. Kenya Commercial Bank Account No.[….] 8000 3. Safaricom Limited Account No.[….] 900 4. National Bank Account No.(unknown Account) Under - Unclaimed Assets Authority The 4 Petitioners were tasked with the duty of filing a mode of distribution of the estate to all the beneficiaries. They were however unable to agree on a common mode of distribution. The court directed that they file their respective proposals on mode of distribution. The 1st and 2nd Petitioners filed their mode of distribution which is supported by the following beneficiaries who have appended their signature thereto. 1. CHRISPINUS NYONGESA KHISA SIGNED 2. CHRISISTIM WEKESA KHISA SIGNED 3. JOSEPHINE NEKESA WATTI SIGNED 4. FLETCHER VUGUZA KHISA SIGNED 5. ROSE ANYOSO NDEGE SIGNED 6. LYDIA NYABOKE MIYOGO SIGNED 7. EDWARD SIMIYU KHISA SIGNED Their proposal is as follows; EAST BUKUSU/SOUTH KANDUYI/30 ROSE ANYOSO NDEGE-DAUGHTER IN LAW EAST BUKUSU/SOUTH KANDUYI/33 LYDIA NYABOKE MIYOGO & JOSEPHINE NEKESA WATTI-4.5 ACRES CHRISPINUS NYONGESA KHISA-4.5 ACRES EAST BUKUSU/NORTH MIYANGA/272 LYDIA NYABOKE MIYOGO & JOSEPHINE NEKESA WATTI-2.5 ACRES CHRISPINUS NYONGESA KHISA-2.5 ACRES EAST BUKUSU/NORTH KANDUYI/14 UPPER PORTION FLETCHER VUGUZA KHISA(Daughter in law)- 3 Acres
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CHRISISTIM WEKESA KHISA-4 Acres EDWARD SIMIYU KHISA-4 Acres EDWARD SIMIYU KHISA, CHRISISTIM WEKESA KHISA, CATHERINE NASIMIYU KHISA & GLADYS NAKHUMICHA KHISA1 Acre LOWER PROTION FLETCHER VUGUZA KHISA(Daughter in law)- 4 Acres CHRISISTIM WEKESA KHISA-3 Acres EDWARD SIMIYU KHISA- 2.3 Acres EAST BUKUSU/SOUTH KANDUYI/981-In the name of Susan Naliaka Khisa CATHERINE NASIMIYU KHISA, GLADYS NAKHUMICHA KHISA, LILIAN MATANDA KHISA & STELLA NAFULA KHISA EAST BUKUSU/SOUTH KANDUYI/461 KHISA HOLDING LIMITED EAST BUKUSU/NORTH KANDUYI/3045 LEWIS WANG’ASA WANJALA-Grandson BUNGOMA/TOWNSHIP/282 CATHERINE NASIMIYU KHISA & LILIAN MATANDA KHISA BUNGOMA /TOWNSHIP/ 283 GLADYS NAKHUMICHA KHISA & STELLA NAFULA KHISA EAST BUKUSU/SOUTH KANDUYI/6033 STELLA NAFULA KHISA STANDARD CHARTERED BANK SHARES ACCOUNT NO. 27573 LILIAN MATANDA KHISA KENYA COMMERCIAL BANK SHARES ACC. NO. M0047451 CHRISPINUS NYONGESA KHISA SAFARICOM LTD. SHARES ACC. NO. 3779854 EDWARD SIMIYU KHISA The 3rd and 4th Petitioners filed their proposal dated 30.6.2019 and supported by the following beneficiaries who have appended signatures; 1. CATHERINE NASIMIYU KHISA SIGNED 2. LILIAN NANJALA KHISA SIGNED 3. STELLA NAFULA KHISA SIGNED
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4. LEWIS WANG’ASA WANJALA SIGNED Their proposal is as hereunder; DESCRIPTION OF PROPERTY NAME SHARE OF LR NO. E. BUKUSU/S.KANDUYI/30 GLADYS NAKHUMICHA KHISA 2 Acres (Near Kanduyi Primary School) STELLA NAFULA 2 Acres ESTATE OF FREDRICK KHISA 1 Acre LILIAN NANJALA KHISA 1 Acre CHRISPINUS NYONGESA 1½ Acres ESTATE OF FRANK KHISA 1½ Acres LEWIS WANG’ASA WANJALA 1 Acre ESTATE OF FREDRICK KHISA 1 Acre A B LR. NO. W. BUKUSU/N. MIYANGA/272 LR. NO. E. BUKUSU/N. C (NAMUYEMBA HOME) KANDUYI/14 2 Acres on dry land a. ESTATE OF MAURICE KHISA 3 Acres near the river 2 Acres on dry land b. CHRISISTIM KHISA 3 Acres near the river c. CATHERINE NASIMIYU KHISA 1 Acre on dry land d. GLADYS NAKHUMICHA KHISA 2 Acres on dry land 2 Acres on dry land e. LILIAN NANJALA KHISA 1 Acre near the river f. STELLA NAFULA 1 Acres near the river 2 Acres on dry land g. EDWARD SIMIYU 3 Acres near the river h. LEWIS WANG’ASA WANJALA 2 Acres on dry land 1 Acre near the river i. ESTATE OF FREDRICK KHISA (Family homestead to be held in trust By the Administrators) D BUNGOMA TOWNSHIP 282 & GLADY NAKHUMICHA KHISA 1½ Acres near the river
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283 (NAMACHANJA ESTATE) CATHERINE NASIMIYU KHISA WHOLE LILIAN NANJALA KHISA STELLA NAFULA LEWIS WANG’ASA WANJALA E E. BUKUSU/S. KANDUYI/33 TENSTAR AREA) F E. BUKUSU/N. KANDUYI/3045 (KHISA ESTATE H E. BUKUSU/S. KANDUYI/461 (MUFUTU ESTATE) ESTATE OF GRANK KHISA 3 Acres CHRISPINUS NYONGESA KHISA 3 Acres CATHERINE NASIMIYU KHISA 3 Acres LEWIS WANG’ASA WANJALA WHOLE LILIAN NANJALA KHISA FRANK KHISA 50 feet by 100 feet EDWARD SIMIYU 50 feet by 100 feet CHRISISTIM KHISA 50 feet by 100 feet CHRISPINUS NYONGESA 50 feet by 100 feet ESTATE OF FREDRICK KHISA 50 feet by 100 feet ESTATE OF MAURICE KHISA 50 feet by 100 feet CATHERINE NASIMIYU KHISA 50 feet by 100 feet GLADYS NAKHUMICHA KHISA 50 feet by 100 feet LILIAN NANJALA KHISA 50 feet by 100 feet STELLA NAFULA 50 feet by 100 feet LEWIS WANG’ASA WANJALA 50 feet by 100 feet BUNGOMA 221 (SAFARI BAR I CHRISISTIM KHISA BUILDING) EDWARD SIMIYU CHRISPINUS NYONGESA ESTATE OF FRANK KHISA
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ESTATE OF MAURICE KHISA WHOLE ESTATE OF FREDRICK KHISA J BISUNU MARKET PLOT CHRISISTIM KHISA CHRISPINUS NYONGESA EDWARD SIMIYU WHOLE ESTATE OF FRANK KHISA ESTATE OF MAURICE KHISA ESTATE OF FREDRICK KHISA K RAINBOW BUILDING PLOT CATHERINE NASIMIYU KHISA LILIAN NANJALA KHISA STELLA NAFULA WHOLE GLADYS NAKHUMICHA KHISA L KENYA COMMERCIAL BANK (SHARES (8000) A/C. NO.M00477451 CHRISPINUS NYONGESA EDWARD SIMIYU ESTATE OF MAURICE KHISA ESTATE OF FRANK KHISA CHRISISTIM KHISA WHOLE ESTATE OF FREDRICK KHISA M STANDARD CHARTERED SHARES (1155) A/C CATHERINE NASIMIYU KHISA NO. 27573 GLADYS NAKHUMICHA KHISA STELLA NAFULA LILIAN NANJALA KHISA LEWIS WANG’A SA WANJALA N SAFARICOM SHARES (900) A/C. NO.3779854 CATHERINE NASIMIYU KHISA GLADYS NAKHUMICHA KHISA WHOLE
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STELLA NAFULA WHOLE LILIAN NANJALA KHISA LEWIS WANG’ASA WANJALA O LR. NO. E. BUKUSU/SOUTH KANDUYI/ 6033 STELLA NAFULA 0.02 Ha sold to STELLA NAFULA Before the court embarks on distribution of the estate, the following facts commend themselves; firstly, East Bukusu/South Kanduyi/981 is registered in the name of Susan Naliakho Khisa, Bungoma Township/221 is registered in the name of Agnes Naliakho and Malakisi/Kulisuru/452 in the names of Dismas Mulongo, Shadrack Khisa, John Tulula, Agrey Wabomba and Joseph Wanambisi. These properties are therefore not available for distribution in these proceedings as they do not form part of the deceased’s estate. As regards Malakisi/Kulisuru/452, it is a finding of this court that the deceased herein owned a portion of an undivided portion of land. None of the parties has indicated what the share of the deceased in that portion of land is. As such the court is unable to make a conclusive determination on the same. It is also clear that some of the deceased’s dependants also died and are survived by their widows and children who are now the deceased’s grandchildren and the parties have conceded provisions for them. The court has considered both proposed modes of distribution. Any distribution of the estate must include all the beneficiaries and be equal or at least equitable in form as mandated by Section 35-37 of the Law of Succession Act Cap 160. I have considered the rival proposals and the Court’s distribution of the estate of the late Shadrack Appollo Khisa is as hereunder. 1. EAST BUKUSU/SOUTH KANDUYI/30 Gladys Nakhumicha Khisa 2 Acres Stella Nafula 2 Acres Rose Anyoso Ndege 2.5 Acres. 2. EAST BUKUSU/SOUTH KANDUYI/33 Lydia Nyaboke Miyogo 2.25 Acres Josephine Nekesa Watti 2.25 Acres Chrispinus Nyongesa Khisa 4.5 Acres 3. EAST BUKUSU/NORTH MIYANGA/272 Chrispinus Nyongesa 1. 5 Acres Lydia Nyaboke Miyogo 0.75 Acres Josephine Nekesa Watti 0.75 Acres Rose Anyoso Ndege 1 Acre Lewis Wang’asa Wanjala 1 Acre 4. EAST BUKUSU/NORTH KANDUYI/14
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Fletcher Vuguza Khisa 5 Acres Chrisistim Wekesa Khisa 5 Acres Edward Simiyu Khisa 5 Acres Catherine Nasimiyu Khisa 1 Acre Gladys Nakhumicha Khisa 2 Acres Lilian Nanjala Khisa 3 Acres Stella Nafula 1 Acre Lewis Wang’asa Wanjala 3 Acres Rose Anyoso Ndege 1.5 Acres. The administrators to be registered jointly in the remainder portion. 5. EAST BUKUSU/SOUTH KANDUYI/461 Lydia Nyaboke Miyogo & Josephine Nekesa 50 X 100 Feet Edward Simiyu Chrisistim Khisa 50 By 100 Feet 50 X 100 Feet Chrispinus Nyongesa 50 X 100 Feet Rose Anyoso Ndege 50 X 100 Feet Fletcher Vuguza Khisa 50 X 100 Feet Catherine Nasimiyu Khisa 50 X 100 Feet Gladys Nakhumicha Khisa 50 X 100 Feet Lilian Nanjala Khisa 50 X100 Feet Stella Nafula Lewis Wang’asa Wanjala 50 X 100 Feet 6. EAST BUKUSU/NORTH KANDUYI/3045 Lewis Wang’asa Wanjala 7. BUNGOMA/TOWNSHIP/282 Jointly to: Gladys Nakhumicha Khisa Lilian Nanjala Khisa 8. BUNGOMA /TOWNSHIP/ 283 Jointly to: Catherine Nasimiyu Khisa
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Stella Nafula Khisa 9. EAST BUKUSU/SOUTH KANDUYI/6033 Stella Nafula Khisa 10. STANDARD CHARTERED BANK SHARES ACCOUNT NO. 27573 To be shared equally between all the beneficiaries 11. KENYA COMMERCIAL BANK SHARES ACC. NO. M0047451 To be shared equally among all the beneficiaries. 12. SAFARICOM LTD. SHARES ACC. NO. 3779854 To be shared equally among all the beneficiaries. Consequently, a certificate of confirmation of grant to issue in those terms. This being a family matter each party to bear their own costs. Dated, signed and delivered at Bungoma this 30th day July, 2021. S N RIECHI JUDGE
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