In re Estate of Eliud Kiprono Chepkwony (Deceased) (Succession Cause 88 of 2016) [2026] KEHC 5430 (KLR) (27 April 2026) (Ruling)

In re Estate of Eliud Kiprono Chepkwony (Deceased) (Succession Cause 88 of 2016) [2026] KEHC 5430 (KLR) (27 April 2026) (Ruling)

The application was incompetent as the applicant did not seek leave of court before seeking to set aside the Mediation Settlement Agreement, contrary to Rule 39 of the Civil Procedure (Court-Annexed Mediation) Rules. The grounds for revocation under section 76 of the Law of Succession Act and for review under section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules were not met. No fraud, mistake, or sufficient reason was demonstrated. The Mediation Settlement Agreement and the confirmed grant remain valid and enforceable.

Citation
[2026] KEHC 5430 (KLR)
Parties
Applicant: Hillary Kiprotich Rono; 1st Respondent: Jacob Rono; 2nd Respondent: Jane Chepkwony; 3rd Respondent: Lilian Chepkwony; 4th Respondent: Erick Rono
Court
High Court
Jurisdiction
Kenya
Judgment Date
27 April 2026
Case Number
Succession Cause 88 of 2016
Procedural Posture
Succession Cause / Ruling on Application to Set Aside/review Confirmed Grant and Distribution
Outcome
Application dismissed
Legal Topics
Revocation of Grant, Review of Court Orders, Mediation Settlement Agreements, Distribution of Estate
Source Language
English
Succession Law Civil Procedure Revocation of Grant Review of Court Orders Mediation Settlement Agreements Distribution of Estate

Case Brief

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Parties

Hillary Kiprotich Rono

Applicant

Jacob Rono

1st Respondent

Jane Chepkwony

2nd Respondent

Lilian Chepkwony

3rd Respondent

Erick Rono

4th Respondent

Procedural Posture

Succession Cause / Ruling on Application to Set Aside/review Confirmed Grant and Distribution

Legal Issues

  1. 1 Whether the Grant dated 5th May 2017 and confirmed on 30th January 2025 should be revoked
  2. 2 Whether the order on distribution of the deceased’s estate should be reviewed

Ratio Decidendi

The application was incompetent as the applicant did not seek leave of court before seeking to set aside the Mediation Settlement Agreement, contrary to Rule 39 of the Civil Procedure (Court-Annexed Mediation) Rules. The grounds for revocation under section 76 of the Law of Succession Act and for review under section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules were not met. No fraud, mistake, or sufficient reason was demonstrated. The Mediation Settlement Agreement and the confirmed grant remain valid and enforceable.

Court Disposition

Application dismissed

Orders

  • Chamber Summons Application dated 25th March 2025 is dismissed.
  • No review or setting aside of the grant or distribution order.