In re Estate of Kibore arap Kombich alias Kibore A Kombich (Deceased) [2025] KEHC 2682 (KLR)

In re Estate of Kibore arap Kombich alias Kibore A Kombich (Deceased) (Succession Cause 24 of 2015) [2025] KEHC 2682 (KLR) (6 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2682 (KLR)

Republic of Kenya

In the High Court at Bomet

Succession Cause 24 of 2015

JK Ng'arng'ar, J

March 6, 2025

IN THE MATTER OF THE ESTATE OF KIBORE ARAP KOMBICH ALIAS KIBORE A. KOMBICH (DECEASED)

In the matter of

Daniel Kipngeno Mutai

1st Petitioner

Sammy Kipkemoi Rono

2nd Petitioner

and

Recho Kombich

Applicant

and

Annah Chepkorir Mutai

1st Beneficiary

Alice Ngetich

2nd Beneficiary

Ruling

1. I have gone through the pending application and the preliminary objection raised on jurisdiction. I do agree with the objector that this court is functus officio and lacks jurisdiction by virtue of Article 162 (2) of the constitution.

2. The application dated 16/4/2024 is therefore struck out.

3. Notice to issue to the parties. This matter is marked as closed.

RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 6TH DAY OF MARCH, 2025. HON. JULIUS K. NG’ARNG’ARJUDGERuling delivered in the presences of Kigen for 3rd petitioner, in the absence of parties and Siele/Susan (Court Assistants).