JUDGMENT
Methusela Gesora Barake (deceased) died on 21st October 2008. The deceased had two wives; the first was Prisca Moraa Gesora who is also deceased and the second, Josephine Kerubo Gesora, the respondent. The deceased had a total of 22 children with his wives. Charles Barake Gesora, the appellant, being the first born of the first wife.
Upon the demise of his father, the appellant petitioned for letters of administration at the Kisii High Court via Succession Cause No. 9 of 2012. The respondent as one of the persons entitled to share in the estate, refused to take part in the proceedings. This prompted the appellant to institute citation proceedings against her dated 3rd February 2012. In response, the respondent filed a replying affidavit stating that she would only sign the petition if the family came together and agreed on the mode of distribution of the estate. On 7th December 2012, Sitati, J., gave the appellant the green light to take out the administration letters.
Subsequen…