In re Estate of the Late Kipketer Chepsiror (Deceased) [2025] KEHC 10012 (KLR)

In re Estate of the Late Kipketer Chepsiror (Deceased) (Probate & Administration 93 of 1993) [2025] KEHC 10012 (KLR) (10 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10012 (KLR)

Republic of Kenya

In the High Court at Eldoret

Probate & Administration 93 of 1993

RN Nyakundi, J

July 10, 2025

IN THE ESTATE OF THE LATE KIPKETER CHEPSIROR (DECEASED)

Ruling

1. What is pending before me for determination is an application dated 13th day of June 2025 seeking the following orders:a.That this honorable court restates and declare the Confirmation of Grant herein by Justice Mohammed Ibrahim and the certificate of confirmation of Grant issued and signed on the 4th December 2007 to be the correct position as far as the administration and distribution of the estate is concern.b.That this honorable court order and directs the Administrators estate of the late Kipketer Chepsiror to expeditiously distribute the estate in terms the distribution schedule approved and dated the 4th December 2007 during the confirmation of the Grant within sixty days from the date hereof.c.That the representative of the interested parties one Joseph Kiptanui Chirchir be and is hereby included in the administration to make them four (4) John Kimeli Sum having died and give impetus to the process of distribution.d.Costs of this summons be provided for.

2. The Application is based on the grounds on the face of it among others;a.This honorable court issued and confirmed the Grant on the 4th December 2007. b.During the confirmation of the Grant all parties hereto appeared before Hon. Justice Mohammed Ibrahim who had the privilege of seeing and talking to all the parties then confirmed the grant.c.All the beneficiaries in the grant and the interested parties are peacefully in possession and occupation of their respective interest on the estate.d.The Petitioners/Administrators however have been reluctant and not keen in distributing the estate.e.In the interest of justice, the Petitioners be directed to complete the distribution of the estate and present to court accounts for discharge as administrators and closure.

Decision 3. This application be served upon all the beneficiaries and interested parties for hearing on 16. 7.2025 before this court. the parties are put on notice that on December 4th 2007 justice Mohammed Ibrahim issued a Certificate of Confirmation of Grant to the intestate estate of the deceased. It is not clear from the record the basis upon which that grant was declared invalid and a new one issued by this court. That would be the point of discussion by this court on the due date.

DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 10THJULY 2025……………………………………R. NYAKUNDIJUDGE