KIMELI BETT TUEI alias KIMELI BETT ARAP TUEI v CHRISTINE CHEPKOECH TUEI [2011] KEHC 3390 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

PROBATE AND ADMINISTRATION NO. 96 OF 2008

KIMELI BETT TUEI alias KIMELI BETT ARAP TUEI………. …….APPLICANT

Vs.

CHRISTINE CHEPKOECH TUEI……………………………………..PETITIONER

RULING

The Grant of letters of Administration intestate in the estate of the late KIMELI BETT TUEI was made to Messrs Christine Chepkoech Tuei, Willie Kipkoech A. Kikwai, and Vincent Kipngetich Cheruiyot on 29th July 2010. The deceased had left a “will” that did not confirm with the provisions of the Law of Succession Act, Cap 160. Among the beneficiaries of the estate of the deceased are two minors, namely Ivy Chepchirchir Tuei and Purity Chepkorir Tuei. As they are not sui juris, they cannot give their consent to the distribution of the estate. At any rate, the estate is expected to meet the cost of their education and upkeep and the administrators are enjoined to ensure that they are properly catered for in this regard.

In the circumstances, it is premature for there administrators to distribute the estate. It is desirable that the Administrators hold the properties that constitute estate in trust for the beneficiaries and once the minors attain majority age, the estate can then be distributed.

Accordingly, I order that the administrators shall be registered as trustees of the nine beneficiaries whose names shall be reflected in the titles. It is so ordered.

DATEDat KERICHO this 16th Day of FEBRUARY, 2011

G B M KARIUKI, SC

RESIDENCE JUDGE

COUNSEL APPEARING

Mrs. Bett, Advocate, for the Petitioner

Mr. R. Koech, Court clerk