Zubeidah Khasabuli Ibrahim & 3 others v Selfa Queen Mudibo & 1 other

b. That I direct the administrators, jointly and severally, in the next 45 days, to file and serve a full inventory of all the debts owed by the estate to financial institutions, with proposals on how they intend to settle those debts; c. That, should it turn out that all the said debts have been settled and the charges discharged, let the appropriate supporting documentation be filed herein and served within 45 days; d. That the applicant has 45 days to cause the shareholding in Idris Trading Company Limited to be restored to the position it was as at on the 2nd January 2017; e. That the 1st Administrator/1st protestor/Zubeida Khasabuli Ibrahim has 45 days to restore the registration of KCB 256 B to the name of the deceased; f. That I direct that the paternity of George Wesonga be determined in terms proposed at paragraph 47, above, of this judgment, in the next 45 days; g. That I direct the administrators, jointly and severally, to cause all the assets discussed in this judgment, whether belonging to the estate or not, to be valued and the valuation reports thereon to be lodged herein in the next 45 days; h. That the matter shall be mentioned after 45 days, to confirm compliance and for further directions; that final orders on distribution shall be made only after full compliance with all the directions given above; i. That costs shall be in the cause; and j. That any party aggrieved by any of the findings, holdings and orders made here above has leave of 28 days to file an appeal at the Court of Appeal.” 3. The parties in each order were given 45 days to comply with the orders of the court pending confirmation of the grant. Unfortunately, the parties have dragged the matter out by reluctantly complying with the court's orders piecemeal, thereby further delaying confirmation of the grant. 4. Whereas the 4th Administrator acted in compliance with Clause (b) of the order of the court and filed a full inventory of what he averred were all the debts owed to the estate, he averred that at the time of the death of the deceased, he did not have any debts. The other Administrators did not refute the 4th Administrator’s averment. Still, the 1st Administratrix, who is the widow of the deceased, submitted a list of debts owed to the estate vide her affidavit sworn on 2nd July 2024, detailing a schedule of wages allegedly owed to workers, which the 4th Administrator contested. 5. It is further noted that in respect of the debt allegedly owed by the estate, the Administrators have failed to update the list. As an example, if the rates payable in respect of LR No. Bungoma Municipality/517 was Ksh. 191,116/= as at 20th November 2023, what is the position as at 5th November 2025? This is the same case with UNS/COM.10911. I believe that rates accrue annually and attract penalties when not settled within the requisite period. A rates demand note, easily available on demand, would have https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2031/eng@2026-02-20 2

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enabled the court to make the right determination. Still, due to the lack of diligence and the push-andpull exhibited by the Administrators, no one bothered to obtain updated rate-demand notes. 6. Regarding LR No. North Wanga Matungu/976, the 4th Administrator claimed that the title was revoked. However, he did not attach the copy of the proceedings and Judgement that led to the revocation, which he averred that he had attached. On her part, the 1st Administratix averred that the title in respect to the said land had been erroneously revoked but was reinstated in ELC. Appeal No. E035 of 2023. She attached a copy of the Decree in Kakamega ELC. Appeal No. E035 of 2023 to her supplementary affidavit. A cursory glance at the said order, however, reveals that the proceedings therein were in relation to LR No. N. Wanga/Kholera/624 and LR No. N. Wanga/Matungu/347 in the name of Peter Masinde Waswa and not the deceased herein. In the absence of an accurate inventory, the court is unable to determine whether the said property forms part of the free estate of the deceased. 7. Further, despite the 1st, 2nd and 3rd Administrators arguing that they had acted in compliance with the court orders, I did not find their valuation reports in the record. 8. The court further noted that the statements from the deceased’s other accounts are not on record, and there is no evidence that the deceased did not operate the said accounts. 9. Accordingly, the court is of the view that the Administrators are not keen on having the estate distributed for their own reasons. This reluctance is demonstrated by their lackadaisical response to the order dated 7th October 2022. 10. Needless to say, even the DNA test ordered by the court took an inordinate time to conduct, with the parties initially disagreeing on who should bear the costs and in which laboratory the test should be conducted. 11. Be that as it may, the DNA test was eventually conducted by the Government Chemist, Nairobi, who returned a report dated 17th June 2025 confirming the 2nd Administrator Gabriel Wesonga as a biological child of the deceased. A confirmatory test by Lancet Laboratories was not done despite the court’s directive that the samples for both tests be drawn in Nairobi. Nonetheless, since the court had incorporated the default clause that in default of compliance with its orders dated 12th March 2025, the 2nd Administrator would be deemed to be the biological child of the deceased, the court declares the 2nd Administrator so, notwithstanding the absence of a confirmatory test. 12. The numerous applications being filed by the parties only serve to obfuscate the issues in this cause. Accusations and counter-accusations have arisen regarding the conduct of the Administrators. The 4th Administrator has accused the 1st Administrator of failing to account for her administration of the estate fully. In response, the 1st Administratix has accused the 4th Administrator of taking approximately 10,000,000/= from the estate of the deceased. 13. Additionally, it is not clear whether the deceased owned any land in Mumias, which land the 4th Administrator refers to as the ancestral home, or another parcel of land adjacent to LR No North Wanga/Matungu/976. 14. The court is of the view that deciding on the two applications herein could end up being prejudicial to the parties, as the court is not in the full picture of the extent of the assets and liabilities of the estate, as well as an agreed mode of distribution of the assets of the deceased. The court shall therefore determine the two applications alongside the distribution of the estate. 15. For this court to make a full determination and confirmation, the administrators are herein directed as follows:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2031/eng@2026-02-20 3

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a. The 1st, 2nd and 3rd Administrators are to file their valuation of all the assets of the deceased or if in agreement with the 4th Administrator’s valuation, to file an affidavit confirming their position. b. A current notice of the land rates of LR No. Bungoma/Municipality/517, Unsurveyed Commercial Plot No 10911, and LR No Mumias Township/Block 1/10. c. The 1st Administratix to provide an affidavit on the current position of the motor vehicle KCB 256 B, KBA 270 Caldina and KAJ 227 P Isuzu Trooper and their outstanding liabilities. d. The parties are directed to avail the final judgement and decree in respect to land parcel LR No. North/wanga/matungu/976 to enable the court determine whether it forms part of the deceased’s estate. e. The 4th Administrator to provide a full statement of accounts relating to the rental incomes of LR No. East Bukusu/south Kanduyi/6483, 6484, 6485, 6486, 6487 and 6488, and Bungoma/ Municipality/517. f. The 1st, 2nd and 3rd Administrators are to file, jointly or severally, a current bank account statement of the following accounts; g. i. Diamond Trust Bank Account No. 5XXXXXXXXXX01 ii. Cooperative Bank of Kenya 01XXXXXXXXXX01 iii. ABSA (formerly Barclays bank) 0XXXXXXXXXX2) iv. Family bank 0XXXXXXXXXX06. In the event the deceased did not have any account with any of the named banks at the time of his death, the Administrators shall secure a letter from the respective bank confirming the position. The 4th Administrator to file his affidavit on his preferred mode of distribution of the estate. 16. The parties are hereby directed to file the said documents within the next 45 days of the date of this ruling, and in default, the court shall revoke the Grant and appoint the Public Trustee as Administrator. 17. The matter shall be mentioned on 9/4/2026 to confirm compliance. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 20TH DAY OF FEBRUARY 2026. A. C. BETT JUDGE In the presence of: Prof. Nandwa for the 1st, 2nd and 3rd Administrators Mr. Manyange for the 4th Administrator Court Assistant: Polycap https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2031/eng@2026-02-20 4

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