In re Estate of Kiprono Kamai Sitini [2023] KEHC 465 (KLR)

In re Estate of Kiprono Kamai Sitini (Succession Cause E001 of 2020) [2023] KEHC 465 (KLR) (23 January 2023) (Ruling)

Neutral citation: [2023] KEHC 465 (KLR)

Republic of Kenya

In the High Court at Eldoret

Succession Cause E001 of 2020

RN Nyakundi, J

January 23, 2023

N THE MATTER OF THE ESTATE OF KIPRONO KAMAI SITINI

In the matter of

Daniel Birgen

Applicant

Ruling

1The applicant filed an application dated June 15, 2021 seeking the following orders;1. That the grant of letters of administration issued on the November 20, 2020 be confirmed.2. That the costs of the application be in the cause.

2The application is premised on the grounds set out therein and the contents of the annexed affidavit of Daniel Birgen.

3The applicant contends that the grant is due for confirmation since the six months statutory period is over. Further that the deceased was the sole bread winner for the family and upon his demise the beneficiaries are eager for the allocation of their share of the land known as Kapseret /Simat Block 2(SIMAT) 197. The beneficiaries fully consent to the confirmation of the grant so that the land in question can be confirmed accordingly.

3The applicant has annexed the consent for the confirmation of grant dated June 15, 2021 where the dependants of the estate, Henry Jerubet Lamai, ID No 2xxxxxx3 and Henry Kipleting Rono ID No 2xxxxxx5 consented to the registration of the land known as Kapseret /Simat Block 2(SIMAT) 197 being registered in the name of the applicant and his appointment as the administrator. This is to expedite the process of transfer to the third party.

4This court is empowered under section 71 of the Law Of Succession act to confirm the grant if it is satisfied that the grant was correctly made to the applicant. Upon consideration of the application and the annexures thereto, this court hereby confirms the grant of letters of administration intestate dated November 20, 2020. Daniel Birgen is hereby appointed the administrator of the estate.It is so ordered.

DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 23RDDAY OF JANUARY 2023…………………………………………..R. NYAKUNDIJUDGE(vnnduhiu76@yahoo.co.uk)succession cause no e001 of 2020 0