REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII SUCCESSION CAUSE NO. E340 OF 1992 IN THE MATTER OF THE ESTATE OF THE LATE BOSIRE OSORO - DECEASED MORAA BOSIRE……………………………………… RESPONDENT =VERSUS= SAID TOEL BOSIRE NYANGARESI ONGATA BOSIRE…………. …………..OBJECTORS ONYIEGO FRANCIS MOSE………APPLICANT/INTERESTED PARTY AND CADRA MORAA MOKAYA……..APPLICANT/INTERESTED PARTY RULING 1) This Court has heard the joinder Application; for joinder of the Applicant in this Succession Cause and proceedings. 2) I note the special nature of succession causes. 3) For one to be a party, he or she ought have demonstrated nexus to either the deceased or property or properties comprised in the Estate. 4) Given that the Applicant’s title deed which he holds supposedly mutated from the land the subject of this Succession Cause, I find that he is a proper party to be in these proceedings as an Interested Party. Kisii Succession Cause No. 340 of 1992 (Estate of Bosire Osoro) 1
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5) But for reason that he is not challenging the ownership of the deceased, he is neither a beneficiary nor an administrator, I hereby allow only one prayer of his Application. Namely as to joinder as an Interested Party. 6) So as not to allow him take over or scuttle the proceedings and the administrators of the Estate, his participation as Interested Party shall be passive, and only to the extent of assisting the court with information as to how the land was subdivided and mutated before confirmation of the grant and issuance of a Certificate of Confirmation, and by whom. 7) All the other prayers in the Application are hereby declined. There shall be no costs on this Application. DATED and DELIVERED at KISII on this 26 th day of May 2026. PROF (DR) NIXON SIFUNA JUDGE Kisii Succession Cause No. 340 of 1992 (Estate of Bosire Osoro) 2
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