https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10398

In re Estate of Kiplagat (Deceased) (Succession Cause 145 of 2000) [2026] KEHC 10398 (KLR) (14 July 2026) (Ruling) Neutral citation: [2026] KEHC 10398 (KLR) Republic of Kenya In the High Court at Eldoret Succession Cause 145 of 2000 RN Nyakundi, J July 14, 2026 Between Philomena Kandie Petitioner and Kimoi Kapkoros alias Elizabeth Kimoi Jacob Kapkoros Objector Ruling Background 1.This succession cause was decided with finality by this court when it issued a certificate of confirmation of grant dated 10th August 2023, with the distribution matrix well laid out condition on the judgment of eth court dated 17th day of July 2023. It appears that the implementation of the certificate of grant as it as null given post confirmation of grant applications which are premised as follows: First is a notice motion expressed to be brought under Section 47 of the Law of Succession Act and Rule 73 of the Probate and administration Rules seeking the following orders:a.Spent.b.That County Land Surveyor visit the site and sub divide the following estate of the Deceased in accordance with the Hon. Justice Nyakundi’s judgement dated 17th July 2023 in Succession Cause No. 145 of 2000 and the Certificate of Confirmation issued on 10th August 2023 subsequently place beacons a) Mosop/Kapchorua/121 measuring approximately 0.9884 HA B) Mosop/Kapchorua/117 measuring approximately 1.581568 HA C & Mosop/Kapchorua/115 measuring approximately 19.768 HA d) KONGASIS PLOT NO 14 Measuring approximately 40 Acres.c.That the OCS Kipkwen, Kamwosor and Soi Police station provide security to the Surveyor and the respective beneficiaries during the survey and subdivision of the above-mentioned parcels of land and the said O.C.S continue to observe compliance until all the beneficiaries peacefully settle on their respective portions.d.That the Respondents and/or their agents, servants and assigns do surrender the title documents to the above-mentioned parcels of land for purposes of subdivision and sub-sequent transfer and to offer cooperation and or necessary assistance during the sub division process.e.That the County Land Surveyor do file a survey report before the Court on the outcome of the Survey process within 7 days of the successful survey process.f.That the Respondents and/or their agents, servants and assigns do grant vacant, peaceful and quiet possession of the resulting sub-divided portions of land to the respective rightful beneficiaries.g.That the 1st Respondent/administrator do execute all the conveyance/transfer of interest in land forms to wit LRA form 39 and LRA form 42 and to provide copies of her KRA Pin Certificate and National Identity Card to facilitate the successful transfer and registration of the resultant sub-divisions to the respective beneficiaries in default of which the Deputy Registrar of the High Court shall be empowered to execute the same the execution which shall be deemed as sufficient instrument of transfer.h.That any person obstructing the sub-division process be made answerable to this Court. 2.The application is based the following grounds:a.That Philomena Kandie petitioned the Honourable Court for grant of Letters of Administration of the Estate of Kipkoros Kiplagat vide Succession Cause No. 145 of 2000 by virtue of her being the daughter in law of the deceased.b.That Elizabeth Kimoi Jacob Kapkoros filed an objection to the Petition on ground that she ranked first as the widow of the estate.c.That the grant of Letters of administration were issued to Philomena Kandie on 25th February 2021.d.That Later in 2021, Philomena Kandie Petitioned the Court for Confirmation of the said grant accompanied with her proposed mode of distribution.e.That the proposed mode of distribution was vehemently opposed by the other beneficiaries which then the proceedings ensued.f.That at the crux of the cause was the mode of distribution of the deceased’s estate.g.That the cause was finally determined by Hon. Justice Nyakundi vide judgement dated 17th of July 2023 after unsuccessful mediation attempts by the Parties.h.That subsequently a certificate of confirmation of grant was issued on 10th August 2023 detailing how the deceased’s estate should vest on the respective beneficiaries.i.That it is imperative that the said judgement be executed to finally bring this matter to an end.j.That the execution of the said judgement shall in anticipatory attract defiance/rebellion from other persons of interest.k.That the tension and hostility that has brewed among the parties among the Parties renders it inevitable for security to be provided.l.That there has been instances of Parties spewing threats to other beneficiaries and the actualization of the threats is imminent pursuant to the Court’s Order.m.That the judgement has to a greater extent disturbed the status quo that has been there for years and this shall poke the already highly charged and tense situation.n.That for the peaceful execution of the Court Order it is imperative that the Orders sought hereinabove be granted.o.That to challenge the Judgement issued by Hon. Justice Nyakundi, the Respondent invoked the Jurisdiction of the Court of Appeal via Civil Application No. E047 of 2023 seeking for Stay of Execution of the Orders delivered by Hon. Justice Nyakundi on the 17th July 2023 in High Court Succession Cause No. 145 of 2000.p.That the Applicants also filed an Application at the Court of Appeal vide Civil Application No. E048 of 2023 which sought to strike out the Notice of Appeal filed by the Respondent.q.That the two Applications were consolidated with the lead file as Court of Appeal Application No. E047 of 2023.r.That the Court of Appeal vide Ruling dated 7th June 2024 pronounced itself on the matter whereby the Respondent’s Application was struck out.s.That the upshot of the Ruling is that there is no pending Appeal as the Notice of Appeal Dated 29th August 2023 was considered inexistent by the Court of Appeal.t.That there is nothing barring this Honourable Court from issuing the sought Orders as there in no stay of execution of the Judgement.u.That the execution of the said Order is ripe as the Cause has taken decades to be finally determined Decision 3.I have considered the affidavits and the submissions by both counsel and as for the 2nd application dated 26th July 2025, the Court of Appeal has already pronounced itself on the matter and I therefore down tools and say no more. The other primarily application was and is essentially on transmission of the intestate estate shares to the respective beneficiaries in conformity with the certificate of confirmation of grant dated 10th day of August 2023 4.In Kenya’s legal system, share transmission to the beneficiaries and land property distribution are largely distinct. Share transmission refers to the transfer of corporate ownership but operation of the law for example following a shareholder’s death his/her shares devolution or conveyance are provided for in the memorandum and article of association. Whereas land surveyors and Registrars are engaged to settle physical estate division and not cooperate share transmission. The guiding principles are as articulated in the following cases: Use of Surveyors in Estate Distribution: In re Estate of the Late Stephen Muthuri Karuri ([2025] KEHC 1439), the High Court set aside an earlier distribution order relying on a government surveyor and directed devolution strictly as outlined in the confirmed grant and an independent surveyor’s report. This demonstrates that courts use surveyors to physically identify and demarcate physical property on the ground to guide the administrators in finalizing the transmission. The Distinction Between Shares and Land: Courts, such as in In re Estate of Joseph Erick Owino ([2026] KEHC 5611), routinely distinguish between corporate stock (shares) and physical real estate. Surveyors demarcate physical land parcels so that administrators can execute the transfer documents. Corporate Share Transmission Requirements: For corporate shares, a surveyor is not involved. Under the Companies Act, the process requires the administrator to lodge a transmission application with the company or a licensed stockbroker, backed by a Grant of Probate or Letters of Administration, the Certificate of Confirmation of Grant, and the original share certificates. 5.In implementing the certificate of confirmation of grant, land surveyors facilitate intestate estate by implementing court order subdivision, ensuring equitable land allocation, and updating the Registry Index Map. It is also the duty of land surveyor to prepare essential survey plan to finalize the legal transfer of the subdivided land to the beneficiaries. 6.I have reviewed the record, the component of asset portfolio is provided for in the certificate of confirmation of grant which was issued way back in 2023 and now over 2 years down the line the beneficiaries have not complied with the law which legally is set at six months to complete distribution and move to court to file a probate account. 7.For those reasons I find merit in the application and the following orders shall abide:a.That County Land Surveyor visit the site and sub divide the following estate of the Deceased in accordance with the Hon. Justice Nyakundi’s judgement dated 17th July 2023 in Succession Cause No. 145 of 2000 and the Certificate of Confirmation issued on 10th August 2023 subsequently place beacons a) Mosop/Kapchorua/121 measuring approximately 0.9884 HA B) Mosop/Kapchorua/117 measuring approximately 1.581568 HA C & Mosop/Kapchorua/115 measuring approximately 19.768 HA d) KONGASIS PLOT NO 14 Measuring approximately 40 Acres.b.That the OCS Kipkwen, Kamwosor and Soi Police station provide security to the Surveyor and the respective beneficiaries during the survey and subdivision of the above-mentioned parcels of land and the said O.C.S continue to observe compliance until all the beneficiaries peacefully settle on their respective portions.c.That the Respondents and/or their agents, servants and assigns do surrender the title documents to the above-mentioned parcels of land for purposes of subdivision and sub-sequent transfer and to offer cooperation and or necessary assistance during the sub division process.d.That the County Land Surveyor do file a survey report before the Court on the outcome of the Survey process within 7 days of the successful survey process.e.That the Respondents and/or their agents, servants and assigns do grant vacant, peaceful and quiet possession of the resulting sub-divided portions of land to the respective rightful beneficiaries.f.That the 1st Respondent/administrator do execute all the conveyance/transfer of interest in land forms to wit LRA form 39 and LRA form 42 and to provide copies of her KRA Pin Certificate and National Identity Card to facilitate the successful transfer and registration of the resultant sub-divisions to the respective beneficiaries in default of which the Deputy Registrar of the High Court shall be empowered to execute the same the execution which shall be deemed as sufficient instrument of transfer. DATED, DELIVERED AND PUBLISHED VIA CTS AT ELDORET THIS 14TH DAY OF JULY 2026.………………………….……….R. NYAKUNDIJUDGE