In re Estate of the Late John Cheruiyot Rotich (Deceased) [2022] KEHC 1553 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

SUCCESSION CAUSE NO. 251 OF 2001

IN THE MATTER OF THE ESTATE OF THE LATE JOHN CHERUIYOT ROTICH (DECEASED)

TITUS KIPKEMOI CHERUIYOT........................................................OBJECTOR/APPLICANT

CORAM: Hon. Justice R. Nyakundi

M/S Chepkwony & CO. Advocates for the Petitioner

Titus Kipkemoi Cheruiyot (Objector)

R U L I N G

1. JOHN CHERUIYOT ROTICHdied on 9th April, 2001. His widow Josephine Cheruiyot Rotich petitioned for the grant of letters administration intestate and was issued with the certificate of confirmation of grant on 24th October, 2002.

2. The Objector herein is a son of the deceased, he has filed summons seeking the revocation and or annulment of the said grant challenging the mode of distribution in terms of the Schedule of Distribution as appended to the Certificate of Confirmation of Grant. His main contention is that he resides on parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 46having been allocated the same by the deceased herein.

3. From the record, it is clear that the beneficiaries had agreed on how most of the assets of the estate are to be distributed save for parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 46which the Objector herein claims an intertest in.

4. I have, considered the law applicable in this matter and all the proposals on the mode of distribution of the estate that have been placed before me.  For the reasons set out above and for equity to be achieved it is my considered view that the mode of distribution that does commend itself to the circumstances of this cause and which I hereby order is as set out below:

1) The (2) acres of land in parcel of land known asTEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 28that had initially devolved to Titus Kipkemoi Cheruiyot shall now devolve to Josephine Cheruiyot Rotich for her life interest and thereafter it shall devolve to her children.

2) The (3. 5) acres of land in parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL)46measuring (3. 5) acres that had initially devolved to Josephine Cheruiyot Rotich shall now be divided as follows; (2) acres of the said land shall devolve to Titus Kipkemboi Cheruiyot and the remaining (1. 5) acres shall be devolved to Joyce Changwony Cheruiyot, Anne Chemutai Cheruiyot and Josephine Cheruiyot Rotich (To hold in trust for Kiprop Chirchir and Emmanuel Chirchir (minors) in equal shares.

3) All movables belonging to the deceased herein shall devolve to Josephine Cheruiyot Rotich.

5. Consequently, I hereby order distribution of the assets of the deceased as follows:

NO. PROPERTY BENEFICIARY SHARE

1. TEMBELIO/ELGEYO BLOCK 11 (TUIYOLUK) 28 MEASURING 10 ACRES JOSEPHINE CHERUIYOT ROTICH 2 ACRES

2. TEMBELIO/ELGEYO BLOCK 11 (TUIYOLUK) 28 MEASURING 10 ACRES JOYCE CHANGWONY CHERUIYOT 2 ACRES

3. TEMBELIO/ELGEYO BLOCK 11 (TUIYOLUK) 28 MEASURING 10 ACRES CAROLYNE CHEPKORIR CHERUIYOT 2 ACRES

4. TEMBELIO/ELGEYO BLOCK 11 (TUIYOLUK) 28 MEASURING 10 ACRES ANNE CHEMUTAI CHERUIYOT 2 ACRES

5. TEMBELIO/ELGEYO BLOCK 11 (TUIYOLUK) 28 MEASURING 10 ACRES JOSEPHINE CHERUIYOT ROTICH (To hold in trust for Kiprop Chirchir and Emmanuel Chirchir (Minors) 2  ACRES

6. 500 SHARES HELD AT NATIONAL BANK OF KENYA LIMITED -SHARE A/C NO. 694 JOSEPHINE CHERUIYOT ROTICH WHOLE

7. KAMUKUNJI BLOCK 16/342 MEASURING APPROXIMATELY 50 X 100 FT JOSEPHINE CHERUIYOT ROTICH WHOLE

8. SHARES HELD AT KENYA COMMERCIAL BANK LIMITED A/C NO. 1233331884 JOSEPHINE CHERUIYOT ROTICH WHOLE

9. TEMBELIO/ELGEYO BLOCK 11 (TUIYOLUK) 46 MEASURING 3. 5 ACRES ALL CHILDREN OF THE DECEASED TITUS KIPKEMMBOI CHERUIYOT-2 ACRES

THE REMAINING 1. 5 ACRES TO BE DIVIDED EQUALLY AMONG;

1. JOYCE CHANGWONY CHERUIYOT

2. ANNE CHEMUTAI CHERUIYOT

3. JOSEPHINE CHERUIYOT ROTICH (To hold in trust for Kiprop Chirchir and Emmanuel Chirchir (Minors)

10. TRACTOR SCRAP JOSEPHINE CHERUIYOT ROTICH WHOLE

11. CENTER PLOT AT TUIYOLUK 50 FT X 100FT 1. TITUS KIPKEMBOI CHERUIYOT

2. JOYCE CHANGWONY CHERUIYOT

3. ANNE CHEMUTAI CHERUIYOY EQUAL SHARE

12. CENTER PLOT AT KAPTAGAT TENDWO MEASURING 50FT X 100FT 1. JOSEPHINE CHERUIYOT ROTICH (To hold in trust for Kiprop Chirchir and Emmanuel Chirchir (Minors)

2. CAROLYNE CHEPKORIR CHERUIYOT EQUAL SHARE

13. CHESEREK FARM MEASURING 2 ACRES 1. JOSEPHINE CHERUIYOT ROTICH (To hold in trust for Kiprop Chirchir and Emmanuel Chirchir (Minors)- 1ACRE

2. TITUS KIPKEMBOI CHERUIYOT-1 ACRE EQUAL SHARE

DATED, SIGNED AND DELIVERED AT ELDORET THIS 14TH  DAY OF MARCH,  2022.

...........................

R NYAKUNDI

JUDGE

In the presence of:

1. M/S Chepkwony & CO. Advocates for the Petitioner –present

2. All beneficiaries - present