In re Estate of Kipchobot arap Motwek - Deceased (Succession Cause E023B of 2023) [2026] KEHC 5646 (KLR) (29 April 2026) (Ruling)
The estate should be distributed equally among beneficiaries from both houses as per the proposal by the 1st Petitioner, in accordance with Section 40 of the Law of Succession Act and principles of equality and equity.
Source-derived case information.
- Citation
- [2026] KEHC 5646 (KLR)
- Parties
- 1st Petitioner/applicant: Rodah Matwek; 2nd Petitioner/respondent: Reuben Kiprono Koskei; 3rd Petitioner/respondent: Augustine Kipchirchir
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E023B of 2023
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Mode of Distribution
- Outcome
- Grant confirmed and estate to be distributed as per the 1st Petitioner's proposed mode of distribution.
- Legal Topics
- Intestate Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodah Matwek
1st Petitioner/applicant
Reuben Kiprono Koskei
2nd Petitioner/respondent
Augustine Kipchirchir
3rd Petitioner/respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Mode of Distribution
Legal Issues
- 1 What is the appropriate mode of distribution of the estate of Kipchobot Arap Motwek?
- 2 Should the estate be distributed equally among beneficiaries from two houses?
Ratio Decidendi
The estate should be distributed equally among beneficiaries from both houses as per the proposal by the 1st Petitioner, in accordance with Section 40 of the Law of Succession Act and principles of equality and equity.
Court Disposition
Grant confirmed and estate to be distributed as per the 1st Petitioner's proposed mode of distribution.
Orders
- The grant and estate to be distributed as per the 1st Petitioner's proposal.
- Certificate of Confirmation of Grant to issue accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BOMET SUCCESSION CAUSE NO. E023B OF 2023 IN THE MATTER OF THE ESTATE OF KIPCHOBOT ARAP MOTWEK – DECEASED AND RODAH MATWEK ………………….… 1ST PETITIONER/APPLICANT AND REUBEN KIPRONO KOSKEI ..…. 2ND PETITIONER/RESPONDENT AUGUSTINE KIPCHIRCHIR..…... 3RD PETITIONER/RESPONDENT R U L I N G 1. This is a Ruling in terms of the Mode of Distribution of the Estate herein pursuant to Summons for Confirmation. 2. Initially Parties were referred to Court Annexed Mediation but failed to reach a settlement. BOMET HIGH COURT SUCC CAUSE NO. E023B OF 2023 – RULING 1 3. There is a Summons for Confirmation of Grant dated 17/10/2025. The Applicants have proposed a Mode of Distribution which is not agreeable to the 1st Petitioner. 4. The 1st Petitioner has made Submissions on the Mode of Distribution too. The Submissions are dated 11/11/2025. 5. I have looked at the two proposed Mode of Distribution. It is not in dispute that there are two houses involved in this cause. The Deceased died interstate. There is no claim of contribution by the beneficiaries to the Estate. The deceased property is also not in dispute. 6. As per Section 40 of the Law of Succession and the general Law on Succession equal distribution ought to be the guiding principle taking into account equity too. 7. The proposed Mode of Distribution by the 2nd and 3rd Petitioners would not be taking into account the issue of equality and equity. 8. I am persuaded to agree with the proposed Mode of Distribution by the 1st Petitioner in the Submissions. The Beneficiaries ought to be treated equally. BOMET HIGH COURT SUCC CAUSE NO. E023B OF 2023 – RULING 2 9. I therefore, do proceed order that the grant herein and the estate be distributed as per the Mode of Distribution proposed by the 1st Petitioner (Rodah Matwek). 10. A Certificate of Confirmation of Grant to issue accordingly. Ruling delivered, dated and signed at Bomet this 29th Day of April, 2026. ........................................... HON. JULIUS K. NG’ARNG’AR JUDGE Ruling Delivered in the presence of; Susan/Siele Court Assistant Mebera for 2nd Petitioner – present BOMET HIGH COURT SUCC CAUSE NO. E023B OF 2023 – RULING 3