In re Estate of Oyosi Oywoya alias Oyosi Oyuoya (Deceased) (Succession Cause 1274 of 2015) [2025] KEHC 16683 (KLR) (9 October 2025) (Ruling) Neutral citation: [2025] KEHC 16683 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU SUCCESSION CAUSE 1274 OF 2015 JM OMIDO, J OCTOBER 9, 2025 IN THE MATTER OF THE ESTATE OF OYOSI OYWOYA ALIAS OYOSI OYUOYA (DECEASED) AND IN THE MATTER OF: BETWEEN TITUS ODWARY ODIWA ...................................................................... APPLICANT AND MILTON ONYANGO OGAL ........................................................ 1ST RESPONDENT KENNEDY ODHIAMBO OBANDO ........................................... 2ND RESPONDENT DISMUS KUNGU AMOLLO ....................................................... 3RD RESPONDENT RULING 1. On 19th March, 2025 the Respondents sought for and were granted leave to file responses to the application and this court gave timelines of 14 days for compliance. 2. When the matter was next mentioned on 3rd July, 2025, it emerged that the Respondents did not comply with the directions of the court of 19th March, 2025, with the result that the application stood unopposed. 3. What is not in doubt is that a mediation agreement was reached between the concerned parties and the same was filed in court on 6th March, 2020. 4. The mediation agreement was adopted as the judgement of this court on 15th May, 2023 and the court ordered that a certificate of confirmation of grant issues in the terms of the mediation agreement. There is therefore a judgement in this matter, which remains undisturbed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16683/eng@2025-10-09 1
page 1 of 3
5. It appears from the Applicant’s affidavit, which is not disputed by the Respondent, that the Respondents have refused to comply with the judgement of the court, particularly regarding the property number Kisumu/Gem-Rae/3064 which as per the mediation agreement should now be in the hands of the Applicant. 6. Pursuant to the refusal by the Respondents to abide by and comply with the terms of the judgement, the Applicant filed the application dated 7th January, 2025 seeking the following orders: a. That Milton Onyango Ogal, Dismus Kungu Amollo and Kennedy Odhiambo Obango, be cited for, and held to be in contempt of this Honourable Court’s orders made on the 15th May 2023 and 25th September 2023, which adopted the Mediation Settlement Agreement filed on 6th March, 2020 and duly adopted as Consent Order/Judgment of the Honourable Court. b. That consequent to prayer 1 above, the Honourable Court be pleased to summon the Contemnors to appear before court in person on a date to be fixed and show cause why they should not be sentenced to imprisonment for such time as the Honourable Court shall deem just for being in disobedience of this Honourable Court’s orders made on the 15th May, 2023 and 25th September 2023, which adopted the Mediation Settlement Agreement filed on 6th March 2020 and duly adopted as Consent/Judgment of this Honourable Court. c. That the Honourable court be pleased to issue such other orders and/or directions as may bring orders a and b above into effect. d. That the Honourable Court do issue temporary injunction orders restraining the Respondents/Protestors by themselves, employees, servants and or agents from continuing with their unlawful trespass and activities upon the Parcel No. Kisumu/Gem-Rae/3064 and causing any further destruction on any part thereof alienating or interfering by any means howsoever, with the property or with any part thereof pending hearing and determination of this application. e. That the Honourable Court do issue an eviction order against the Respondents/Protestors, in that, their unlawful trespass and encroachment onto parcel No. Kisumu/Gem-Rae/3064 is geared to defeat the ends of justice as well as court orders by ensuring that the Applicant is completely disinherited from his land despite settling the matter through the mediation process. f. That consequent to Order e above, demolition orders do issue against the Respondents/ Contemnors to remove or pull down any structures that are trespassing or encroaching onto the Applicant’s parcel of land no. Kisumu/Gem-Rae/3064 withing fourteen (14) days of the making of the orders herein and failure to do so, the Applicant be at liberty to do so at the Respondent’s costs. g. That the area Chief and the OCS Katito Police Station do assist in effecting the order f above. h. That costs of this application be borne by the Respondents/Contemnors. 7. The application is supported by the Applicant’s affidavit sworn on 7th January, 2025 in which he restates the history of this matter and reiterates that there is a judgement in place that the Respondents have refused and/or failed, without lawful excuse, to comply with. 8. As stated above, the application is not opposed by the Respondents as they did not file any responses thereto. In particular, the contention by the Applicant that the Respondents have refused to vacate https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16683/eng@2025-10-09 2
page 2 of 3
and hand over to the Applicant the property known as number Kisumu/Gem-Rae/3064 remains uncontested. 9. Noting that this is a family matter, I will be hesitant at this point to address the orders for contempt sought by the Applicant against the Respondents. I will however proceed to grant the unopposed application in the following terms: a. That the Respondents are hereby ordered to vacate the property land parcel number Kisumu/ Gem-Rae/3064 and remove from thereon any structures that they have erected within 45 days from the date hereof. b. That in default of compliance with (a) above, the Applicant shall be at liberty to evict the Respondents from the said property and the OCS Katito Police Station shall provide security during the eviction exercise. 10. Each party shall bear their own costs of the application, this being a family matter. 11. This file is hereby closed. DELIVERED (VIRTUALLY), DATED & SIGNED THIS 9TH DAY OF OCTOBER, 2025. JOE M. OMIDO. JUDGE For Applicant: Present In Person. For Respondents:Present in person. Court Assistants: Mr. Ngoge & Mr. Juma. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16683/eng@2025-10-09 3
page 3 of 3