JUDGMENT OF THE COURT
This appeal relates to the distribution of the estate of the late Eliud Wanyama Saratuki (the deceased) who died on 3rd July, 2007 leaving behind four (4) widows and a record forty-two (42) children. Like most disputes over probate in polygamous unions, there will always be some challenges with the distribution of the estate, especially where there are many beneficiaries, as this case demonstrates.
The first house of the deceased comprised his widow, Yakobet Wanyama and her 12 children; the widow, Robai Wanyama, in the second house had 10 children; the third one, Jane Wanyama had 8 children whilst the forth widow, Florence Wanyama was blessed with 12 children.
The estate of the deceased is said to have comprised the following assets;
i. Land Parcel No. North Malakisi /North Wamono/620 being 35.0822 acres of agricultural land with a 6 bedroomed house.
ii. Land Parcel No. North Malakisi /North Wamono/632 being 121⁄2 acres;
iii. Plot No. 377 Bungoma Town,
iv. Plot No. 8 Ma…