https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12553

In re Estate of Koech (Deceased) (Succession Cause 112 of 2002) [2026] KEHC 12553 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KEHC 12553 (KLR) Republic of Kenya In the High Court at Eldoret Succession Cause 112 of 2002 JM Chigiti, J July 17, 2026 IN THE MATTER OF THE ESTATE OF WILLIAM KIMABWAI KOECH(DECEASED) In the matter of Esta Jeptoo Koech Petitioner Ruling Introduction 1.The Applicant’s Chamber Summons dated 25th March,2026 seeks orders that this Succession Cause, which was dismissed for want of prosecution on 16th June,2025 be reinstated and restored for hearing, and that the same be set down for confirmation of grant. 2.The application is unopposed. Background 3.The record shows that vide a notice the Succession Cause was previously fixed for hearing of summons on 6th May,2025 but the parties failed to attend Court. Consequently, the Court dismissed the cause for want of prosecution under the inherent powers of the Court and in line with the need to ensure expeditious disposal of cases on 16th June,2025. Applicant’s Case 4.The Applicant states that the failure to prosecute the matter on the material date was inadvertent and not intentional. It is further deponed that the estate remains undistributed and that it is in the interests of all beneficiaries that the cause be reinstated to facilitate its expeditious conclusion through confirmation of grant. Issue for DeterminationThe sole issue for determination is whether the Court should exercise its discretion to reinstate the Succession Cause. Determination 5.The Court has considered the application and the supporting affidavit. 6.As the application is unopposed, the averments therein remain unchallenged and are therefore taken as truthful for purposes of determination. 7.The Court’s discretion to reinstate proceedings that have been dismissed for want of prosecution is well settled and is to be exercised judiciously, guided by the overriding objective of doing substantive justice. In succession matters, the Court is particularly enjoined to ensure that estates of deceased persons are duly and efficiently administered for the benefit of all beneficiaries. 8.Further guidance is found in Article 159(2)(d) of the Constitution, which requires courts to administer justice without undue regard to procedural technicalities. The Court is also mindful that succession proceedings are sui generis and concern distribution of estates, a matter that ought not to be defeated on account of procedural lapses where sufficient cause is demonstrated. 9.In the present case, the explanation for non-attendance is reasonable and has not been controverted. No prejudice has been demonstrated that cannot be compensated by costs. The Court is satisfied that sufficient cause has been shown to warrant the exercise of its discretion in favour of reinstatement. Orders 10.Accordingly, the Court makes the following orders:1.The Chamber Summons dated 25th March,2026 is hereby allowed.2.The order dismissing this Succession Cause for want of prosecution is hereby set aside.3.The Succession Cause is hereby reinstated and restored to the hearing list for purposes of confirmation of grant.4.The Applicant is directed to take immediate steps to comply with all outstanding directions to facilitate confirmation.5.The matter shall be fixed for hearing on a priority basis at the registry.6.Costs of the application shall be in the cause.It is so ordered. DELIVERED, DATED AND SIGNED ON THIS 17TH DAY OF JULY, 2026 AT ELDORET HIGH COURT………………………………J. M. CHIGITI (SC)JUDGE