In re Estate of Binea Richardson Wafula (Deceased) (Probate & Administration E008 of 2021) [2025] KEHC 13272 (KLR) (23 September 2025) (Ruling) Neutral citation: [2025] KEHC 13272 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA PROBATE & ADMINISTRATION E008 OF 2021 MS SHARIFF, J SEPTEMBER 23, 2025 IN THE MATTER OF THE ESTATE OF BINEA RICHARDSON WAFULA (DECEASED) BETWEEN ALEX WAFULA KHAEMBA .............................................................. RESPONDENT AND RASOA MITO BEN ........................................................................... 1ST APPLICANT JEDIDAH NJOKI MWANGI ............................................................ 2ND APPLICANT RULING 1. The administrators/applicants have moved this court vide a summons dated 24.7.2025 which is brought under the provisions of Section 47, 76 and 83 of the Law of Succession Act Cap 160 of the Laws of Kenya and Rule 73 of the probate and Administration Rules. Wherein they are craving for the following orders: i. That the interested parties herein namely Joyce Wafula, Richard Wafula and Andrew Wafula be compelled to render full and accurate inventory and statement of account of the estate and in particular the rental proceeds in respect of all that property known as Nakuru Municipality Block 11/142 from 8th July 2019 to date within a period of 30 days or such period as this court may order. The applicants also crave for costs. 2. This application is supported by the affidavit of Rasoa Mito Ben sworn on 24.7.2025 wherein he deposes that the Interested parties who are from the 1st household have been collecting rent from a commercial property staying on parcel No. Nakuru Municipality Block 11/142 since 19.7.2019 when the deceased passed on and have not accounted for the said rental income. 3. The applicant maintain that the deceased was polygamous and was survived by 3 widows namely: i. Joyce Wafula https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13272/eng@2025-09-23 1
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4. ii. Jedidah Njoki Mwangi iii. Rasoa Mito Ben Whereas the respondents were duly served with this application as evident from the affidavit of service sworn by Saul S. Wasilwa on 6th August 2025 which demonstrates that service was duly efiected upon them vide their mobile telephone Number; 072XXXfor Joyce Wafula, 072XXX for Richard Wafula and 072XXX in respect of Andrew Wafula, on 31.7.2025, the Respondent did not file any response to this application and as such the same is unopposed and I thus allow it and make the following orders:i. The Interested Parties namely Joyce Wafula, Richard Wafula and Andrew Wafula are hereby ordered to render true and accurate accounts of the rental proceeds received in respect of all that commercial building plot standing on parcel No. Nakuru Municipality Block 11/142 from 8th July 2019 to date within a period of 60 days from the date hereof. ii. The applicant to bear her own costs. iii. Mention on 18th December 2025 to confirm compliance. DATED AND DELIVERED AT BUNGOMA THIS 23RD DAY OF SEPTEMBER 2025 M.S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13272/eng@2025-09-23 2
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