In re Estate of Lulei Rono (Deceased) [2024] KEHC 5440 (KLR)

In re Estate of Lulei Rono (Deceased) (Citation Cause 28 of 2023) [2024] KEHC 5440 (KLR) (21 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5440 (KLR)

Republic of Kenya

In the High Court at Eldoret

Citation Cause 28 of 2023

RN Nyakundi, J

May 21, 2024

IN THE MATTER OF THE ESTATE OF LULEI RONO (DECEASED) CITATION TO ACCEPT OR REFUSE LETTERS OF ADMINISTRATION INTESTATE

Ruling

1. This is an application for citation or refuse letters of administration of the estate of Lulei Rono filed by Kenneth Mutai. It is supported by an affidavit of the applicant in which he depones as follows:That I swear this affidavit as required by provisions of rule 21(1) of Probate and Administration Rules.That Lulei Rono the above names deceased died intestate on 2nd October, 2001 and was survived by the following:Paciliza Jepkorir Rono (deceased)Salina Rono (Widow)Anne Chepkurgat Bungei (daughter)Joseph Kiptum Bitok (deceased)Benedette Chelagat Koech daughterDavid K Chelule SonJohn K Kebenei Rono SonElphas K Rono SonIsaac Kimaru Chelule SonPacifica Jepmeli (deceased)Stephen Bitok SonLucy Metto (deceased)Cecilia Jerobon DaughterTecla Chepsat DaughterEmmily Jebet DaughterNelson Lelei SonAbraham Kipkemei SonVincent Kiptanui SonGilbert Kipngetich SonLawrence Tirop SonMoses Kipkirui SonThat all the above names persons being sons and daughters of the deceased are equally entitled to apply for a grant of letters of administration for the estate of the deceased father Lulei RonoThat I am an interested party, being a son of Joseph Kiptum Bitok (deceased who was the son of the late Lulei Rono, the deceased herein, and am desirous of obtaining letters of administration of the deceased.That the deceased, Lulei Rono, is the registered owner of the parcel of land known ad Kapsaret/Kapsaret Block 6(Kamoson)/15 measuring 19. 65 Ha.That I am reliably informed that on Elphas Rono wants to forcefully take possession of my late father’s share of the estate without filing a succession cause and locking our family out.That I am requesting this honorable court to allow me to file letters of administration.That it is in the best interest of justice that this honorable court allow me to file letters of administration.

2. Having considered the citation pursuant to section 66 of the Law of Succession Act and rule 73(1) of the Probate and Administration Rules, the same be compromised to the extent that the following beneficiaries be nominated to petition for grant of letters of administration to administer the estate of the estate of the deceased Lulei Rono.a.Salina Rono Widowb.David K. Chelule Son

3. That in terms of this appointment this citation be marked as spent and the file closed. The proceedings be commenced by opening a probate cause file in the family registry. It is so ordered.

DATED AND SIGNED AT ELDORET THIS 21ST DAY OF MAY, 2024…………………………………R. NYAKUNDIJUDGE