This archive report was first published on 4 November 2019.
On March 11, 2004, Anemba Muchenda passed away, leaving behind a daughter, Jane Ongoche Ayubu. In 2006, Ms Ongoche filed a petition seeking to be the administrator of her father's estate, citing that he owned two parcels of land and owed one Samuel Muyela Amakhang'a.
She was granted letters of administration on March 5, 2007, and the grant was confirmed on September 20, 2007. The court later devolved one land parcel to Mr Muyela while the other parcel was devolved to Ongoche.
However, Jacktone Otinga Osiolo, who claimed to be Muchenda's son, moved to court seeking to have Ongoche stripped off the rights to administer the estate. He accused Ongoche of fraudulently obtaining the letters of administration.
But in a ruling delivered on November 4, 2019, Kakamega Presiding Judge William Musyoka dismissed Otinga's bid, stating that his case lacked merit due to inconsistencies in his testimony.
Justice Musyoka noted that Otinga had initially told the court that he had superior rights to the estate because Ongoche was Muchenda's granddaughter, but later contradicted himself by stating that Muchenda was his father while Ongoche was his sister.
The judge also observed that the testimonies of Otinga and his witness, Fredrick Amukusa, were at odds, and that Otinga's accusations against Ongoche appeared to be baseless.
Justice Musyoka concluded that the application for revocation of the grant was unopposed, and that Ongoche had not practiced any fraud or dishonesty. He therefore declined to allow the appeal and dismissed it.
