In re Estate of Kibirech Arap Kogo (Deceased) [2019] KEHC 3060 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

SUCCESSION CAUSE NO. 260 OF 2014

IN THE MATTER OF THE ESTATE OF  KIBIRECH ARAP KOGO – DECEASED

DINAH ROBBI SANG ...........................1ST APPLICANT

DANIEL KIPSANG SABULEI.............2ND APPLICANT

BENSON KIPTOO BIRECH ..............3RD APPLICANT

J U D G M E N T

1. The  Application dated 25/1/2016 seeks to have the grant issued on 23/7/2015 revoked. The deceased  died intestate and left the following beneficiaries.

1. Chebolong Taplele Kogo  – 1st Widow

2. Hellen Jepkorir Mibei      – Daughter

3. Rael Jepkemboi Kogo       – Daughter

4. Dinah Robby Sang            – Daughter

5. Daniel Kipsang Sabula      – Son

6. Mary Chepsat Kogo           – 2nd Widow

7. Paul Kimurgor Kogo           - Son

8. Christine Jeptemba Kogo  – 3rd Widow

9. Benson Kiptoo Birech        – Son

10. Annet Cherono            – Daughter

11. Hilary Kibet Chirchir   – Son

12. Caroline Chepchumba – Daughter

13. Zeddy Chengetich        – Daughter

14. Silvia Chelagat              – Daughter

15. Nimrod Kiplimo             – Son.

2. All the beneficiaries are adults.  The deceased left behind the only asset namely Land parcel No. Waitaluk/Kapkoi Block 3 (Lolkirenget) 62 measuring 11. 53 Ha.

3.  The  3 administrators sought to have  the same subdivided into 3 houses as per their joint affidavit sworn on 25/1/2016.  Benson Kiptoo Birech however objected to the same arguing that the application was done  secretly by Dinah Robby Sang, the first administrator.  He attached copies of a family meeting which had given a road map on how the estate was to be distributed.  The same is contained in his affidavit dated 15th January 2017.

4. That affidavit was  respondent to by Dinah Sang vide her affidavit dated 9/3/2019 in which she rubbishes the same as it does not contain the wishes of the deceased.

5. The court has perused the mode of distribution suggested by both parties and save for some few  discrepancies it appear that they have generally agreed .  It appears that the issue was with the first house, where there was same disagreements between Rael Kogo who is said to be unmarried and stayed at home, whereas Dinah is married.

6. For the foregoing reason I order that the suit property namely Waitaluk/Kapkoi Block 3 Lolkeringet/62 be  divided as follows;-

1. Catholic church             – 0. 3 Acres

2. Paul Koech                    – 1 acre

3. Peter Koech                   – 1 acre

4. Florence Chengetich     – 1 acre

5. Nimrod Birech               – 2 acres

6. Hillary Chirchir             – 2 acres

7. Benson BiRech               – 2 acres

8. Christine Kogo               – 5 acres

9. Levi Mukhweso             – 2. 5 acres

10. Hellen Mibei                – 0. 3 acres

11. Xaviour Kipkosgei      – 0. 5 acres

12. Dinah Sang                  – 0. 5 acres

13. Wycliffe Wanjala        – 0. 1 acres

14. Mike Kipchumba Saina  – 0. 2 acres

15. John Bett   - 2. 5 acres

16. Rael Kogo  for herself and her 9 children – 7 Acres

17. 1 Acre to be sold  to offset medical expenses.

7. This being a family dispute  each shall bear their  respective costs.

Delivered, signed and dated at Kitale this  3rd day of April, 2019.

__________________

H.K. CHEMITEI

JUDGE

3/04/19

In the presence of;

Obwoba holding for Khisa for the Petitioner

Barongo for Kigen for the Objector

Court Assistant – Kirong

Judgment read in open court.