In re Estate of Kipketer Chepsisor (Deceased) [2025] KEHC 9144 (KLR)

In re Estate of Kipketer Chepsisor (Deceased) (Succession Cause 93 of 1993) [2025] KEHC 9144 (KLR) (27 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9144 (KLR)

Republic of Kenya

In the High Court at Eldoret

Succession Cause 93 of 1993

RN Nyakundi, J

June 27, 2025

IN THE MATTER OF THE ESTATE OF KIPKETER CHEPSIROR (DECEASED)

Ruling

Coram: Before Justice R. NyakundiM/s Isaboke Bw'Orina & Co/ Advocates 1. Before this court is an application dated 13th day of June 2025 seeking the following orders:a.That this honorable court restates and declare the Confirmation of Grant herein by Justice Mohammed Ibrahim and the certificate of confirmation of Grant issued and signed on the 4th December 2007 to be the correct position as far as the administration and distribution of the estate is concern.b.That this honorable court order and directs the Administrators estate of the late Kipketer Chepsiror to expeditiously distribute the estate in terms the distribution schedule approved and dated the 4th December 2007 during the confirmation of the Grant within sixty days from the date hereof.c.That the representative of the interested parties one Joseph Kiptanui Chirchir be and is hereby included in the administration to make them four (4) John Kimeli Sum having died and give impetus to the process of distribution.d.Costs of this summons be provided for.

2. The application is supported by an affidavit sworn by Joseph Kiptanui Chirchir and on grounds enumerated as follows:a.This honorable court issued and confirmed the Grant on the 4th December 2007. b.During the confirmation of the Grant all parties hereto appeared before Hon. Justice Mohammed Ibrahim who had the privilege of seeing and talking to all the parties then confirmed the grant.c.All the beneficiaries in the grant and the interested parties are peacefully in possession and occupation of their respective interest on the estate.d.The Petitioners/Administrators however have been reluctant and not keen in distributing the estate.e.In the interest of justice the Petitioners be directed to complete the distribution of the estate and present to court accounts for discharge as administrators and closure

Decision 3. This application be served upon all the beneficiaries and interested parties for hearing on 1. 7.2025 before this court. the parties are put on notice that on 4th December 2007 justice Mohammed Ibrahim issued a Certificate of Confirmation of Grant to the intestate estate of the deceased. It is not clear from the record the basis upon which that grant was declared invalid and a new one issued by this court. That would be the point of discussion by this court on the due date.

DATED AND DELIVERED AT ELDORET THIS 27TH DAY OF JUNE 2025…………………………………R. NYAKUNDIJUDGE