https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10377

In re Estate of the Late Chuma (Deceased) (Succession Cause 257 of 2013) [2026] KEHC 10377 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10377 (KLR) Republic of Kenya In the High Court at Eldoret Succession Cause 257 of 2013 E Ominde, J July 9, 2026 IN THE MATTER OF THE ESTATE OF THE LATE TIROP ARAP CHUMA (DECEASED) Between Jane Jemaiyo Chuma Applicant and George Kirwa Tirop 1st Objector Peter Kiplagat Tirop 2nd Objector Ruling 1.This matter is coming up for directions on the eviction orders sought by the Petitioner, the late Jane Jemaiyo Chuma, who died in November 2022. Following the issuance of a Notice to Show Cause, her daughter, Tecla Tirop, appeared in Court on behalf of the deceased Petitioner and sought directions. 2.The Court has perused the file including the Ruling, the proceedings on record, and the submissions of the parties and notes. The same has revealed that vide a Ruling dated 18th June 2019, Hon. Lady Justice H.A. Omondi dismissed the Summons for Revocation/Annulment of Grant filed by George Kirwa Tirop (1st Objector/Applicant) and Peter Kiplagat Tirop (2nd Objector/Applicant). 3.The Court held that the entire parcel of land, ASURUREI LR No. 11218/1, measuring approximately 11 acres, forms part of the estate of the late Tirop Arap Chuma and is available for distribution. The objection was found to lack merit, as the claims of contribution and purchase by the Objectors were not supported by credible evidence, and the version of the (then) Petitioner was preferred. 4.Following the Ruling, the (then) Petitioner, Jane Jemaiyo Chuma, sought orders from the court on 30th November 2020, seeking the eviction of one Barnaba Kimaru Bitok from the ASURUREI farm to facilitate distribution and acreage determination. 5.However, the court held that since there is a parallel matter pending before the Chief Magistrate’s Succession Cause No. 17 of 2020, concerning the determination of the exact acreage of the suit property and related issues involving third parties, including the said Barnaba Kimaru Bitok, it would be premature to make any eviction orders pending the outcome of that Magistrate’s Court matter. 6.Therefore, having considered the foregoing, the Court issues the following directions;a.The Court takes judicial notice that the original Petitioner having died, it is necessary to substitute a proper party as a legal representative to administer the estate and proceed with confirmation and distribution in accordance with the law.Tecla Tirop not being one such legal representative for reasons that she has not availed to court any grant of Letters of Administration of the estate of the late jane Jemaiyo Chuma, has no locus standi before the court.b.As already herein directed, the issue of the eviction of Barnaba Kimaru Bitok from ASURUREI farm to facilitate determination acreage and subsequent distribution of the estate shall await the decision of the Lower Court in the Chief Magistrates Court Succession Cause No. 17 of 2020 aforesaid regarding the acreage and related disputes that is still pending before that courtc.The matter shall be mentioned before the Deputy Registrar on 30th July 2026 to confirm the status of Chief Magistrates Court Succession Cause No. 17 of 2020 and for further orders as shall be necessary. READ DATED AND SIGNED VIRTUALLY AT BUNGOMA ON 9TH JULY 2026.E. OMINDEJUDGE