John Wanyonyi Makhanu & 3 Others v Abel Wanyonyi & 2 others

In re Estate of Shem Makhanu Katila (Succession Cause 156 of 2006) [2025] KEHC 17726 (KLR) (1 October 2025) (Ruling) Neutral citation: [2025] KEHC 17726 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA SUCCESSION CAUSE 156 OF 2006 MS SHARIFF, J OCTOBER 1, 2025 IN THE MATTER OF THE ESTATE OF SHEM MAKHANU KATILA (DECEASED) BETWEEN JOHN WANYONYI MAKHANU & 3 OTHERS ...................... ADMINISTRATOR AND ABEL WANYONYI ............................................................................... 1ST OBJECTOR JOSEPH BIKETI NYUKURI .............................................................. 2ND OBJECTOR JOSEPH ANDERA KUNDU .............................................................. 3RD OBJECTOR RULING 1. I have considered the notice of mention dated 1.9.2025 filed by the 1st, 3rd and 4th Administrator under the provisions of Sections 1A, 1B and 3A of the Civil Procedure Act and order 57 Rule 1 of the Civil Procedure Rules and I have also considered the affidavit in support thereof sworn on even date by John Wanyonyi Makhanu and the enclosures attached thereto and I do note that the applicants have demonstrated the need to provide security to the County surveyor during the demarcation exercise wherefore I do find that this application is well merited and I thus allow it and make the following orders:i. The OCS Matsi Police Station is hereby ordered to provide sufficient Police Officers to accompany and secure the County Surveyor Bungoma County while he/she is undertaking the demarcation and sub-division of land parcel No.s Ndivisi/Khalumuli/748, Ndivisi/khalumuli/749, Ndivisi/Khalumuli/750, Ndivisi/Khalumuli/752 and Ndivisi/ Khalumuli/2536, in line with the allotment contained in the Mediation Settlement Agreement dated 11.11.2024. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17726/eng@2025-10-01 1

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