https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7930

In re Estate of Songol (Deceased) (Succession Cause 252 of 2014) [2026] KEHC 7930 (KLR) (8 June 2026) (Judgment) Neutral citation: [2026] KEHC 7930 (KLR) Republic of Kenya In the High Court at Kitale Succession Cause 252 of 2014 RK Limo, J June 8, 2026 IN THE MATTER OF THE ESTATE OF JOHN KIBIEGO SONGOL (DECEASED) Between Florence Chepkemei Kipkorir Applicant and Edward Kipkemboi Songol Protestor Judgment 1.This cause relates to the estate of the late John Kibiego Songol who died on 22/6/2013 domiciled in Kitale. 2.The deceased died testate but the validity of the Will was contested by Edward Kipkemboi Songol and the family agreed by consent on 7/4/2025 to invalidate the Will. The proceedings from then on were treated as intestate proceedings. 3.The family further agreed to have Florence Chepkemei Kipkorir and Edward Kipkemboi Songol as the adminstratrix and administrator respectively and a grant of letters of administration intestate was issued to them accordingly on 3/7/2025. This court granted liberty to the administrators move the court for confirmation before the expiry of 6 months in view of the age of the cause. 4.Florence Chepkemei Kipkorir vide summons for confirmation of grant dated 16/9/2025 applied for confirmation of grant. 5.The estate of the deceased in this cause is uncontested. It comprises that parcel of land known as Kaplamai/Kachibora Block 2/Mateket/16 measuring 24.56Ha. 6.The list of beneficiaries is also uncontested. They are as follows;i.Selina Chemesunde Songol (widow)ii.Edward Kipkemboi Songoliii.Florence Chepkemei Kipkoririv.Mary Chepchirchir Misoiv.Jacob Kipsangvi.Regina Chemeli Songolvii.Emily Chemutai Ndiemaviii.Elizabeth Chepkoech Chepkwonyix.Lucine Cherutor Songolx.Ezekiel Kipkorirxi.Julius Kibet 7.The applicant in her summons for confirmation of grant proposed that the estate be distributed equally among all the beneficiaries with each getting 5.5acres and further proposed that her share be held by herself and Selina Chemesunde Songol jointly. 8.Edward Kipkemboi Songol protested vide an affidavit of protest sworn on 23/9/2025. According to him the deceased in his lifetime had allocated each son 4.5acres and proposes that the wishes of the deceased be respected. Ironically the same protestor who objected to the validity of the Will that favoured him, changed course and preferred a mode that reflected the same impugned Will. All the same the protestor has given the following proposed mode of distribution;a.Edward Kipkemboi Songol – 8.75acresb.Jacob Yego -8.75acresc.Estate of Ezekiel Songol (dcd) - 8.75acresd.Estate of Julius Yego (dcd) -8.55acrese.Regina Songol -5acresf.Selina Songol (widow) -5acresto be held in trustg.Florence Kipkorir -2acresh.Mary Misoi -2acresi.Emily Ndiema -2acresj.Elizabeth Chepkwony -2acresk.Lucine Kiplagat -2acresl.Access roads -1acre 9.This court attempted to have the parties herein agree through Court Annexed Mediation but the attempt was futile due to hardline stands taken by the beneficiaries. In such a situation, the only option available is the application of the law. 10.The relevant provision of the law applicable in this situation is Section 35 of the Law of Succession Act. The section provides for equal distribution of the estate with the widow or the surviving spouse retaining life interest on her share. 11.The proposal made by the applicant in this matter is more tenable in law as opposed to the protestor’s proposal. The proposal giving sons bigger portions is discriminative and against the letter of the Constitution under Article 27 which provides that no one should be discriminated on account of gender or marital status. Article 27 (4) of the Constitution provides;1.“Every person is equal before the law and has the right to equal protection and equal benefit of the law.(4)The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth”. 12.There is a disagreement on the actual acreage of the only asset comprising the estate that is Kaplamai/Kachibora Block 2/Mateket/16. The issue however will not affect the mode of distribution since the principle of distribution is equal distribution regardless of the actual size of the estate. 13.In the premises and flowing from the above this court hereby confirms the grant issued on 3/7/2025. The estate comprised in that parcel known as Kaplamai/Kachibora Block 2/Mateket/16 shall be distributed equally among the following beneficiaries;i.Selina Chemesunde Songol ( her share to be registered in her name and Florence Chepkemei Kipkorir).ii.Florence Kipkemei Kipkoririii.Jacob Yegoiv.Estate of Ezekiel Songol (To be held by the deceased’s son Joram Yego to hold in trust for his benefit and other children of Ezekiel Songol.v.Estate of Julius Yego (To be registered in the name of Eunice Yego to hold in trust of her children).vi.Regina Chemeli Songolvii.Mary Chepkorir Misoiviii.Emily Chemutai Ndiemaix.Elizabeth Chepkoech Chepkwonyx.Lucine Cheruto Songolxi.Julis Kibet 14.The names of the widows in respect to the estate of Ezekiel Songol (deceased) and Julius Yego (deceased) will be provided by the family members at the delivery of this judgment for purposes of clarity and finality of this matter. 15.In furtherance of that objective of finality, this court does invoke its powers under Section 48 as well as Rule 73 Probate and Administration Rules to make the following directions;i.A government surveyor or a licensed surveyor shall be identified by any of the administrators to go to the estate and subdivide or distribute the estate to all the named beneficiaries as per the certificate of confirmation to be issued.ii.The surveyor shall as much as possible take into consideration, when surveying the respective parcels, where beneficiaries may have put up their houses or homes.iii.The surveyor shall be provided with security by OCS or officers under him of Kachibora police station.iv.The surveyor’s fees shall be met by all beneficiaries in equal portion.This being a family matter I make no order as to costs. DELIVERED, DATED AND SIGNED AT KITALE THIS ……8TH .… DAY OF ………………JUNE……….……………., 2026.HON JUSTICE R.K. LIMOKITALE HIGH COURTJudgment delivered in open courtIn the presence ofChebii holding brief for Barongo for 2nd administratorKraido for the 1st administratorEdward Kipkemboi Songol the 1st administratorDuke/Chemosop – Court assistants