In re John Kipkurui Tesot (Deceased) [2021] KEHC 505 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

SUCCESSION CAUSE NO. 219 OF 2014

IN THE ESTATE OF THE LATE JOHN KIPKURUI TESOT............DECEASED

GEOFFREY K. KIRUI..................PETITIONER/APPLICANT

-V E R S U S -

KIPNGENO ARAP KIRUI...............................1ST OBJECTOR

RICHARD KIPROTICH KIRUI....................2ND OBJECTOR

R U L I N G

ORDER

1. The Summons for rectification dated 20/1/2021 is seeking to have the property Land Parcel No.KERICHO/CHEMOIBEN/827 measuring 4. 136 Hectares shared equally amongst all the beneficiaries of the Estate of the Deceased herein.

2. This Court had directed that the District Surveyor Bureti to visit the property and confirms the actual acreage and he has filed a report dated 24/11/2020 stating that the Land is 4. 136 Ha.

3. Each of the Beneficiaries will be entitled to 0. 8272 Ha.  The Land is situated in the same location and no one will be prejudiced.

4. This mode of distribution is in accordance with the law which requires that the property be shared equally.

5. I allow the summons for rectification as the same is fair and in accordance with the law.

6. The rectified Certificate of Confirmation to issue accordingly.

7. Anyone opposed to the said mode of distribution to file an appeal to the Court of Appeal within 28 days of this date.

DELIVERED, SIGNED AND DATED AT KERICHO THIS 8TH DAY OF FEBRUARY, 2021.

A. N. ONGERI

JUDGE