IN RE THE MATTER OF THE ESTATE OF JACKSON KIPROTICH TERER (DECEASED) [2009] KEHC 115 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO

Succession Cause 184 of 2007

IN THE MATTER OF THE ESTATE OF THE LATE

JACKSON KIPROTICH TERER ………………………DECEASED

AND

LIZA CHEPNGENO TERER ……………………..1ST PETITIONER

EMMY CHEPKORIR TERER ………….…………2ND PETITIONER

RULING

Application for confirmation of grant of letters intestate

I: Background

1. Jackson Kiprotich Terer passed away on the 17th July, 1999 aged 51 years of age of Pneumonia.

2. A male adult who had two houses. The first being that of Liza Chepngeno Terer with five children of whom one was and may still be a minor. The second house Emmy Chepkorir Terer having only two minor children.

3. The only assets of the deceased so disclosed is land parcel Kericho/Litein/1834 measuring 3. 54 ha.

4. Letters of grant intestate were issued to both of them on the          20th February, 2008 (Koome J). The Kenya Gazette Notice was issued on 22nd June, 2007. This should not have been so issued unless there is a form P&A 30 that is issued by the Principal Registry to confirm that no other grant has been issued to other parties.

5. I accordingly hold that under rules 41(2) of the Probate and administration rules that enquiry be made by the                       Deputy Registrar as to this form and why it is not on the court file (i.e. form P&A 40).

6. In the event that is on the court file the other documentation are in order. Where there are/minors there must be more than one administrator to the estate to comply with Section 58 of the  Law of Succession that deals with the resulting trust.

DATED this 14th day of July, 2009 at KERICHO

M.A. ANG’AWA

JUDGE

Advocates

J.J. Onyango Advocate from M/S Jamsumbah Onyango & Co. Advocate instructed to hold brief for M/S V.K. Bii & Co. Advocates for the Petitioners/Applicants – present.