In re Estate of Kiplaigong Arap Korio (Deceased) [2023] KEHC 26845 (KLR)

In re Estate of Kiplaigong Arap Korio (Deceased) (Succession Cause 355 of 2015) [2023] KEHC 26845 (KLR) (19 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26845 (KLR)

Republic of Kenya

In the High Court at Kericho

Succession Cause 355 of 2015

JK Sergon, J

December 19, 2023

N THE MATTER OF THE ESTATE OF THE LATE KIPLAIGONG ARAP KORIO (DECEASED)

In the matter of

Annah Cherotich Koros

1st Petitioner

Ludia Koros

2nd Petitioner

and

Tapkili Cherotich Korio

Applicant

Ruling

1. On 23rd March, 2017 a Grant of Letters of Administration Intestate in respect of the Estate of Kiplaigong Arap Korio was issued to Annah Cherotich Koros and Ludia Koros. Pursuant to the Consent dated 22nd day of March, 2021 and filed in Court on 27th April, 2021, the grant was confirmed and a Certificate of Confirmation of Grant was issued on 21st December, 2021 whereof the deceased’s Estate was proposed to be distributed as follows:-Name description of property share of heirsI.Ludia Koros L.r. No.kericho/tebesonik/32 10 AcresIi.Alice Koros L.r. No.kericho/tebesonik/32 10 AcresIii.Annah Cherotich Koros L.r. No.kericho/tebesonik/32 9. 5 Acres

2. On 30th June, 2022, one Tapkili Cherotich Korio, the Applicant herein filed an Application in which she sought for the Consent dated 22nd day of March, 2021 to be set aside.

3. The record shows that the application has not been heard and determined. The parties have on many occasions asked the Court to give them time to negotiate for a settlement out of Court. It would appear the families and clan elders held a series of meetings with the intention of reaching at an amicable settlement. The elders decision has been filed in Court which award was signed by all the parties involved save for Annah Koros who refused to append her signature.

4. This Court was urged to make an order to adopt the clan elders award. Parties were invited to make submissions on the elders award but none did. What is clear to this court is that the substantive matter is the Application seeking to set aside the consent order. It is apparent that the Consent order was acted upon giving rise to the issuance of a Certificate of confirmation of Grant.

5. There is need to first deal with the application seeking to set aside the Consent Order and the consequent Certificate of Confirmation of Grant.

6. Parties cannot engage themselves in negotiations on the distribution of the estate yet the record shows that the issue was already settled by the Consent Order which was acted upon..

7. I hereby direct the parties to focus their attention and address the Court on the pending application dated 30th June, 2022 and the resultant Certificate of Confirmation of Grant.

DELIVERED, SIGNED AND DATED AT KERICHO THIS 19TH DAY OF DECEMBER 2023. J.K. SERGONJUDGEIn the Presence of:-Malel & Migiro for 2nd PetitionerKirui holding brief for Mutai for 1st PetitionerKibet Kirui holding brief for Bii for the Applicant.