In re Estate of Matoke (Deceased) (Probate & Administration E002 of 2025) [2026] KEHC 6688 (KLR) (20 April 2026) (Ruling) Neutral citation: [2026] KEHC 6688 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA PROBATE & ADMINISTRATION E002 OF 2025 TW CHERERE, J APRIL 20, 2026 IN THE MATTER OF THE ESTATE OF BABU SIKO MATOKE (DECEASED) IN THE MATTER OF BENSON MIYIENDA BABU ................................................. 1ST ADMINISTRATOR WILFRED KEGONYE BABU ............................................... 2ND ADMINISTRATOR RULING 1. On 09th April 2026, this Court issued directions requiring the Administrators to file a further affidavit addressing the status of the deceased’s spouse, the basis for the distribution of the estate, the justification for the additional allocation to Benson Miyienda Babu, the legal basis for the joint allocation to the Administrators, the reasons for departure from equal distribution, and the manner in which the share of the late Peter Siko Babu had been provided for. 2. In compliance with the said directions, the Administrators filed a Supplementary Affidavit sworn on 13th April 2026 by Benson Miyienda Babu, Wilfred Kegonye Babu, Henry Nyabuto Babu, Duke Nyakina Babu, Kennedy Omae Babu and Beutah Monyoncho. 3. From the said affidavit, this Court is satisfied that: a) The deceased had one wife, Pauline Kerubo Babu, who predeceased him and left no estate. b) The deceased was survived by six sons, namely: Benson Miyienda Babu, Wilfred Kegonye Babu, Henry Nyabuto Babu, Duke Nyakina Babu, Kennedy Omae Babu and Beutah Monyoncho. c) The late Peter Nyabaga Babu died unmarried and without dependants and therefore no separate share arises. d) The estate comprises the following assets: i. Kisii/Wanjare/Bomorenda/1224 measuring 0.7 Hectares; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6688/eng@2026-04-20 1
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ii. Nyansiongo Settlement Scheme/318 measuring 6.0 Hectares; making a total of 6.7 Hectares. 4. This Court is further satisfied that the Administrators have explained the basis for the distribution, including the allocation of 0.4 Hectares to Benson Miyienda Babu from Nyansiongo Settlement Scheme/318 in addition to the separate parcel Kisii/Wanjare/Bomorenda/1224 measuring 0.7 Hectares, as well as the setting aside of 0.8 Hectares to be held jointly by the Administrators for purposes related to processing titles and relocation. 5. This Court has also considered the Amended Consent to the Proposed Mode of Distribution dated 02ndApril 2026 executed by all the beneficiaries and is satisfied that the mode of distribution is by consent and no dispute has been raised. 6. In the premises, this Court finds that there has been full compliance with the directions issued on 09th April 2026 and no impediment exists to the confirmation of the grant. 7. From the foregoing, it is hereby ordered: 1. The Summons for Confirmation of Grant dated 12th November 2025 is hereby allowed. 2. The estate of Babu Siko Matoke (Deceased) shall be distributed as follows: (1) Nyansiongo Settlement Scheme/318 (6.0 Hectares) Benson Miyienda Babu – 0.4 Hectares (2) a. Wilfred Kegonye Babu – 0.8 Hectares b. Henry Nyabuto Babu – 1.0 Hectare c. Duke Nyakina Babu – 1.0 Hectare d. Kennedy Omae Babu – 1.0 Hectare e. Beutah Monyoncho – 1.0 Hectare f. Benson Miyienda Babu & Wilfred Kegonye Babu (Administrators) – jointly 0.8 Hectares Kisii/Wanjare/Bomorenda/1224 (0.7 Hectares) Benson Miyienda Babu – 0.7 Hectares (whole) DELIVERED AT NYAMIRA THIS 20TH DAY OF APRIL 2026 WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Hilda For Administrators - Mr. Mongare for Mongare & Co. Advocates Beneficiaries - Present https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6688/eng@2026-04-20 2
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