In Re Estate of Martha Chepngeno Keter (Deceased) [2009] KEHC 3162 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

IN THE MATTER OF THE ESTATE OF

MARTHA CHEPNGENO KETER ………………......…………..DECEASED

VERSUS

MOSES C.A. TERER …….………………………………} 1ST PETITIONER

KENNEDY CHEPKWONY ……...………………………..}2ND PETITIONER

RULING

Confirmation of grant of probate

1.   Application to confirm grant of probate of letters intestate dated 14th October, 2008.

2.   The deceased, a female adult aged 85 years old on     30th April, 2007 passed away due to cardiopulmonary arrest due to CVA due to cerebral embolism due to hypertension.

3.   She was survived with three (3) sons whose ages were unknown. It was later when it transpired the three (3) sons had other siblings all sisters; possible six in number.

4.   The temporary grant of letters was issued on 18th September, 2008 (G.B.M Kariuki) and Kenya Gezette dated 6th December, 2007.

II: Application to confirm grant had asset of land parcel 108/LRKericho/Sosiot/534

5.   There was moneys in two bank accounts.

6.   Application to confirm the grant was sought.

III: Findings

7.   I reject this application for confirmation of grant on grounds the six surviving daughters were never mentioned in the petition.  They require to be mention as survivors.

8.   Accordingly the application is rejected.  The applicants to re file form P&A 5 a fresh. P&A 57 to be signed and sealed and registered.  The costs be in the estate.

DATEDthis 16th day of June, 2009 at KERICHO

M.A. ANG’AWA

JUDGE

Advocates

D.O.Akinyi Advocate instructed by M/S. Akinyi & Co. Advocates for the Petitioners/Applicants-present