In re Estate of Ochana (Deceased) (Succession Cause E002 of 2023) [2026] KEHC 10314 (KLR) (14 July 2026) (Ruling) Neutral citation: [2026] KEHC 10314 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA SUCCESSION CAUSE E002 OF 2023 SM MOHOCHI, J JULY 14, 2026 IN THE MATTER OF THE ESTATE OF RICHARD OCHANA( DECEASED) BETWEEN DANIEL EMONGOLE KAPULE .................................................... 1ST PETITIONER EVANS EMADAU ............................................................................. 2ND PETITIONER AND MOSES EMONGOLE .............................................................................. PROTESTOR RULING 1. Before me is Summons for Confirmation of Grant dated 3rd April 2025 as well as a protest contained in the Affidavit of Protest dated 12th May 2025. 2. The matter proceeded by way of viva voce hearing with the Protestor calling one witness her mother in support of his case. 3. The Court has considered all the lengthy pleadings by the protestor, the testimonies in court, the written submissions together with supplementary submissions by the protestor. 4. Without using too much ink the deceased’s only two properties are listed as L.R. No. NorthTeso/ Kocholia/2014 and motor vehicle registration number KAE 045D. 5. The deceased was survived by 5 children. 6. The Administrators proposed to distribute the deceased’s only parcel of land L.R. No. NorthTeso/ Kocholia/2014 to his children to hold the same jointly and motor vehicle registration number KAE 045D be given to the deceased’s brother Daniel Emongole Kapule. 7. The Protester, a nephew to the deceased, claimed to be a “bonafide” beneficiary of the deceased’s Estate and as such is opposed to the proposed mode of distribution. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10314/eng@2026-07-14 1
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8. The Protester averred that the deceased had given him land parcel number L.R. No. NorthTeso/ Kamuriai/374 during his lifetime and further averred that him, Zakayo Emongole and Dorika Amoding had been left out. 9. The protestor has not provided basis or locus standi of Zakayo Emongole and Dorika Amoding qualifying them as dependants or beneficiaries of the deceased estate. 10. The Protester has introduced land parcel numbers L.R. No. NorthTeso/Kocholia/976, L.R. No. NorthTeso/Kamuriai/374 and L.R. No. NorthTeso/Kocholia/911 said parcels of land are not registered in the names of the deceased to be part of the deceased’s Estate. 11. It is the Protester’s contention that, he has a pending Appeal before the Court of Appeal in Kisumu and therefore prayed that the proceedings herein be stayed pending determination of the said Appeal. 12. To succeed in a Protest, the Applicant must demonstrate that he is a beneficiary to the Estate of the deceased within the meaning of Section 29 of the Law of Succession Act. 13. During the Hearing the Protestor admitted to have issues with properties not registered in the name of the deceased. 14. Properties that are either legally contested or not in the name of the deceased fall outside the scope of succession are generally categorized as non-estate assets. These are assets where ownership vests automatically in another entity, relies on prior contracts, or involves property not owned directly by the deceased such assets cannot be subject to confirmation unless the dust settles and the disputes are resolved. 15. In this instance this protest in my humble view is only intended to further delay the conclusion of this probate and confirmation of grant and no other reason over fifteen (15) years after the demise of the deceased. 16. The Protestor may continue challenging the revocation of a grant made in his name currently pending before the Court of Appeal. 17. I am persuaded to find the Protest dated 12th May 2025 to be without merit and the same is accordingly dismissed with costs to the Administrators. 18. On the converse the court is inclined to allow the summons for confirmation of grant dated 3rd April 2025. 19. The Grant Made on 2nd April 2025 is hereby confirmed. 20. The Estate of the deceased shall be distributed within 6 months as is proposed therein. 21. This matter shall be mentioned after 6 months to record the return by the administrators and bring to an end the probate. It is so ordered. DATED, SIGNED AND DELIVERED AT BUSIA ON THIS 14TH DAY OF JULY, 2026. ...................................... MOHOCHI S.M. PRESIDING JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10314/eng@2026-07-14 2
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