https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8109

In re Estate of Rotich alias Grace Chepkirui Rotich (Deceased) (Family Miscellaneous Application E005 of 2025) [2026] KEHC 8109 (KLR) (9 June 2026) (Ruling) Neutral citation: [2026] KEHC 8109 (KLR) Republic of Kenya In the High Court at Bomet Family Miscellaneous Application E005 of 2025 JK Ng'arng'ar, J June 9, 2026 IN THE MATTER OF KERICHO MC SUCCESSION CAUSE NUMBER E141 OF 2025 IN THE MATTER OF THE ESTATE OF GRACE CHEPKIRUI ROTICH ALIAS GRACE CHEPKIRUI ROTICH Between Bornes Rotich Petitioner and Wilson Kipkorir Keter Objector Ruling 1.Through a notice of motion application dated 24th March 2025, the applicant sought that the succession cause filed in Kericho be transferred to this court for want of jurisdiction. 2.The application was brought under article 159 of the Constitution of Kenya, section 76 of the Law of Succession Act and rule 44(1) of the Probate and Administration Rules. It was premised on the grounds on the face of the application and further by the supporting affidavit sworn by Wilson Kipkorir Keter on 24th March 2025. Applicant’s Case 3.The applicant stated that the deceased’s estate comprised of Kericho/kipsonoi SS/32 whose approximate value was Kshs 30,000,000/=. That the respondent failed to consider the court of jurisdiction which was Bomet High Court as the estate was situated in Bomet County. The applicant further stated that the Succession Cause was filed in Kericho Magistrate’s Court. 4.At the time of writing this ruling, the applicant had not filed his written submissions. Response 5.Through the Replying Affidavit dated 6th October 2025, the respondent stated the applicant was her elder brother and a beneficiary of the estate. That the subject parcel was valued at Kshs 18,900,000/=. The respondent further stated that the applicant had not provided a valuation report to back up his assertion that the subject land was valued at Kshs 30,000,000/=. 6.It was the respondent’s case that the succession cause had taken over 15 years and that the present application was vexatious. That the applicant was keen on delaying the conclusion of the succession proceedings. 7.Through her written submissions dated 20th April 2026, the respondent submitted that the applicant failed to prove that the subject land was valued at Kshs 30,000,000/= and that the application ought to be dismissed. 8.I have gone through the notice of motion application dated 24th March 2025, the replying affidavit dated 6th October 2025 and the Respondent’s written submissions dated 20th April 2026. The only issue for my determination was whether the application had merit. 9.The applicant stated that the estate in Kericho Magistrate’s Court Succession Cause Number E141 of 2025 comprised of Kericho/Kipsonoi SS/32 which was valued at Kshs 30,000,000/=. The applicant stated that the Magistrate’s Court in Kericho lacked pecuniary jurisdiction to hear and determine the matter. 10.I have looked at the pleadings and I agree with the respondent. The applicant bore the burden of proving that the said estate was valued at Kshs 30,000,000/= making it beyond the jurisdiction of the Magistrate’s Court. The applicant did not adduce such evidence. It is my finding that the applicant’s assertion that the said estate was valued at Kshs 30,000,000/= was an allegation unsupported by evidence. 11.In the end, the notice of motion application dated 24th March 2025 has no merit and is dismissed. The Respondent shall have costs of this application assessed at Kshs. 10,000/-. File is closed. RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 9TH DAY OF JUNE, 2026.……………………………………HON. JULIUS K. NG’ARNG’ARJUDGERuling delivered in the presence of:Siele/Susan (Court Assistants).N/A for the parties.