In re Estate of Richard Sigilai Choge (Deceased) [2025] KEHC 2946 (KLR)

In re Estate of Richard Sigilai Choge (Deceased) (Succession Cause 457 of 2016) [2025] KEHC 2946 (KLR) (7 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2946 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 457 of 2016

JM Nang'ea, J

March 7, 2025

IN THE MATTER OF THE ESTATE OF RICHARD SIGILAI CHOGE (DECEASED)

In the matter of

Robert Kibet Choge

1st Administrator

Jane Chelagat Sigilai

2nd Administrator

Ruling

1. By Chamber Summons dated 5th March 2024 the Administrators herein seek orders as hereunder;-a.That the Court be pleased to review the Orders made at the Confirmation of Grant of Letters of Administration proceedings on 14th June 2018. b.That the Court be pleased to adopt the Confirmed Letters of Administration issued in Succession Cause No. 65 of 1992 in the Estate of the Late Sawe Arap Choge.c.That the Court be pleased to order that the Estate of Richard Sigilai Choge is entitled to 20. 75 acres to be excised from the property known as LR 11964/4 situated within Nakuru County also known as Lelboinet Farm Nakuru.d.That the Court be pleased to schedule Confirmation of Grant of Letters of Administration proceedings for purposes of distribution of the additional property to the beneficiaries of the Estate.

2. The application is based on grounds set out on the body thereof and supported by Affidavit evidence of one of the administrators (Richard Kibet Choge). It is averred in the Supporting Affidavit that Grant of Letters of Administration herein was confirmed on 14th June 2018 and Certificate of Confirmation duly issued. The deceased was also a beneficiary of the estate of his father, the Administrators’ grandfather, which estate was distributed in Succession Cause Number 65 of 1992. The deceased herein had been bequeathed 20. 75 acres out of property known as LR 11964/4 (Lelboinet Farm) forming part of the Administrators’ deceased grandfather’s estate but which was not included in the schedule of property for distribution in the said Succession Cause Number 65 of 1992.

3. The Court is therefore told that this application is brought to review the order of Confirmation of the Grant herein in order to also transmit the newly discovered property to lawful beneficiaries.

4. None of the beneficiaries herein objects to the application.

5. I have considered this application and also took the liberty of perusing Succession Cause File Number 65 of 1992 alluded to hereinabove. As per Rectified Certificate of Confirmation of Grant issued in the stated file on 11th April 2024, the deceased herein was bequeathed 20. 75 acres to be excised off the above described Land Parcel No. 11964/4 (Lelboinet Farm). That portion of land is therefore now part of the estate of the deceased in this file for transmission to lawful (heir(s).

6. This application is accordingly allowed and the Administrators are at liberty to apply for rectification or amendment of the Certificate of Confirmation of Grant dated 14th June 2018 to incorporate transmission of the new property.

J. M. NANG’EA - JUDGERULING DELIVERED VIRTUALLY THIS 7THDAY OF MARCH, 2025 IN THE PRESENCE OF:Advocate for the Administrators, Mr. OmbimaAdministrators, AbsentCourt Assistant (Jeniffer)J. M. NANG’EA - JUDGE