[2024] KEHC 14896 (KLR)
The court found that the grant issued in 2009 had become useless and inoperative due to the administrators' failure to apply for confirmation or distribute the estate for over 15 years. There was no valid trust established to justify holding the estate property in trust for adult beneficiaries. The inordinate and...
Source-derived case information.
- Citation
- [2024] KEHC 14896 (KLR)
- Parties
- Applicant: Rachel Cheptanui Chebochok; Applicant: Isaac Kibet Mutai; Respondent: Estate of Jacobo Chelulei Chebochok alias Jacob Chelulei Chebochok (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E086 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Confirmation and Rectification of Grant
- Outcome
- Summons for confirmation and rectification of grant dismissed; grant revoked for want of confirmation; beneficiaries to petition for fresh grant.
- Judges
- RE Aburili
- Legal Topics
- Succession of Estates, Grant Confirmation, Grant Revocation, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Cheptanui Chebochok
Applicant
Isaac Kibet Mutai
Applicant
Estate of Jacobo Chelulei Chebochok alias Jacob Chelulei Chebochok (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Confirmation and Rectification of Grant
Legal Issues
- 1 Whether a grant of letters of administration issued in 2009, which has never been confirmed or acted upon for over 15 years, can be rectified or confirmed.
- 2 Whether the administrators can continue to hold the estate property in trust for adult beneficiaries without a valid trust or timely distribution.
- 3 Whether the inordinate delay in seeking confirmation and rectification of the grant justifies revocation of the grant.
Ratio Decidendi
The court found that the grant issued in 2009 had become useless and inoperative due to the administrators' failure to apply for confirmation or distribute the estate for over 15 years. There was no valid trust established to justify holding the estate property in trust for adult beneficiaries. The inordinate and unexplained delay in administering the estate contravened the requirements of the Law of Succession Act. Consequently, the court held that the grant could neither be rectified nor confirmed and must be revoked. The beneficiaries, being adults of sound mind, were directed to petition for a fresh grant and ensure direct distribution of the estate to each beneficiary in their own name.
Court Disposition
Summons for confirmation and rectification of grant dismissed; grant revoked for want of confirmation; beneficiaries to petition for fresh grant.
Orders
- The grant issued on 14th July 2009 is revoked for want of confirmation.
- The summons for confirmation and rectification of grant dated 4th September 2024 is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Jacobo Chelulei Chebochok alias Jacob Chelulei Chebochok (Deceased) (Miscellaneous Succession Cause E086 of 2024) [2024] KEHC 14896 (KLR) (27 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14896 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E086 of 2024
RE Aburili, J
November 27, 2024
IN THE MATTER OF THE ESTATE OF JACOBO CHELULEI CHEBOCHOK alias JACOB CHELULEI CHEBOCHOK - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY RACHEL CHEPTANUI CHEBOCHOK and ISAAC KIBET MUTAI - PETITIONERS
In the matter of
Rachel Cheptanui Chebochok
1st Petitioner
Isaac Kibet Mutai
2nd Petitioner
(Arising from Kisumu HC Court Succession No. 510 of 2007)
Ruling
1. I observe that this Succession Cause is an offshoot of Kisumu HC P&A No. 510 of 2007. The deceased intestate died aged 73 years old in 2005. The age of his widow, 1st Administrator, is not disclosed. Nonetheless, she must equally be old.
2. The grant was issued on 14th July 2009 which is over 15 years ago and has never been confirmed. The Petitioner has therefore never administered or distributed the estate as required by law. The grant became useless and inoperative.
3. From the proposed mode of distribution of the estate, the administrators who have taken over 15 years to apply for confirmation and rectification of the grant want the estate real property to be held by them in trust for the family. There is no trust established to manage that estate of the intestate deceased.
4. As all beneficiaries are adults of sound mind and considering the period it has taken for the administrators to apply for confirmation of the grant with no explanations for the inordinate delay, I find that a grant issued in 2009 which became useless and inoperative cannot be rectified or confirmed. It is hereby revoked for want of confirmation and the family of the deceased Jacob Chelulei Chebochok comprising beneficiaries are directed to petition for a fresh grant and to ensure they have the estate distributed to each adult beneficiary of sound mind in their own name, not the aged administrators to hold in trust for others.
5. The summons for confirmation and rectification of grant dated 4th September 2024 is hereby dismissed.
6. Ruling to be typed and uploaded.
7. Applicants to be notified.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE