REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET SUCCESSION CAUSE NO. 245 OF 1998 IN THE MATTER OF THE ESTATE OF AHMED ALI FAREH MAKTARI (DECEASED) Coram: Before Justice R. Nyakundi M/S Yusuf Bashir & Company Advocates M/S Birir & Company Advocates RULING 1. Before this Court is Summons for Confirmation of Grant dated 26 th November 2025, seeking the following orders: a. That the grant of letters of administration intestate made to the said ABDALLA AHMED ALI, GHAYA AHMED ALI, SHARIFA AHMED ALI and ABDUL K. AHMED ALI on 3rd March 2010 be confirmed as provided for under Section 71 cap 160 of laws of Kenya. b. That the cost of this application be in the cause. 2. In support of the application is the sworn affidavit of Ghaya Ahmed Ali who deponed as follows: a. THAT I am an adult of sound mind and disposition and the 2nd Administrator of the estate of the above-named AHMED ALI FAREH MAKTARI well conversant with the facts and issues herein, duly authorized by the 1st, 3rd and 4th Administrators and therefore competent to swear this Affidavit. b. THAT I am a beneficiary herein together with the others hence competent and authorized to swear this Affidavit. c. THAT a Grant of Letters of Administration of the estate was made to us in this matter by the High Court of Kenya-Succession Court at Nairobi on the 3rd day of March, 2010. SUCCESSION CAUSE NO. 245 OF 1998 3
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d. THAT in respect to property ELDORET MUN/BLOCK 5/221, the AHMED ALI FAREH MAKTARI (Deceased) was survived by the following persons: a) RUKAYA AHMED ALI-Deceased through (i) NAGIB MOHAMED SHAMSAN Grandchild (ii) NURU MOHAMED Grandchild (iii) FEISAL MOHAMED Grandchild (iv) NAIMA MOHAMED Grandchild b) MOHAMED AHMED ALI-Deceased through (i) NURU MOHAMMED ALI Grandchild (ii) KHALILA MOHAMMED ALI Grandchild (iii) JAMAL MOHAMED ALI-Deceased through son Grandchild (iv) SOPHIA MOHAMMED ALI.......Grandchild(v)FARIDA MOHAMMED ALI Grandchild (v) LEILA MOHAMMED ALI Grandchild (vi) DALILA MOHAMMED ALI Grandchild c) GHAYA AHMED ALI Daughter d) SHARIFA AHMED ALI Daughter e) THAT no application for provision for dependants is pending. f) THAT the identification and shares of all persons beneficially entitled to the said estate have been ascertained and determined as follows: ASSET SHARE ELDORET To be sold after valuation and the proceeds of the MUN/BLOCK sale together with the rent collected from the year 5/221 2016 to date be shared equally among the four beneficiaries i.e. Ghaya Ahmed Ali, Sharifa Ahmed Ali,Rukaya Ahmed Ali-Deceased (through Nagib Mohamed Shamsan, Nuru Mohamed, Feisal Mohamed and Naima Mohamed) and Mohamed AhmedAli-Deceased1 (through Nuru Mohammed SUCCESSION CAUSE NO. 245 OF 1998 3
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Ali, Khalila Mohammed Ali, Sophia Mohammed Ali, Farida Mohammed Ali, Leila Mohammed Ali, Dalila Mohammed Ali and the son of Jamal Mohammed ALI). g) THAT the adult dependants are agreeable and have consented to the aforesaid mode of distribution. h) THAT no estate duty is payable in Kenya in respect of the estate of the deceased. Decision 3. This matter has been outstanding for a long time without parties reaching a compromise on settling the issue of confirmation. I have checked both the physical record and the online platform. There is no corresponding replying affidavit to the summons for the confirmation of grant dated 26 th November 2025. As if that is not sufficient the consent to the mode of the distribution to the estate is yet to be signed by the beneficiaries. 4. The best that can be done under procedural law, is to issue a final notice for the parties to show how long is enough for the beneficiaries duly identified to take positive steps in complying with the Law of Succession Act. The suit paper filed by the parties dating way back to 1988 scream for attention for justice delayed is justice denied. 5. Following these directions, a notice of attendance of the legal team is scheduled for virtually on 15th July 2026. It is so ordered. DATED, SIGNED AND DELIVERED AND PUBLISHED VIA CTS THIS 8 TH DAY OF JULY 2026. ……………………………………. R. NYAKUNDI JUDGE SUCCESSION CAUSE NO. 245 OF 1998 3
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