[2025] KEHC 8226 (KLR)
The court found that the applicants/objectors had demonstrated a prima facie case for the preservation of the estate, as there was evidence that the respondent was taking steps to subdivide and transfer the estate properties pursuant to a prior court ruling. The court considered that if interim conservatory orders...
Source-derived case information.
- Citation
- [2025] KEHC 8226 (KLR)
- Parties
- Applicant: Mark Kimurgor Tanui; Applicant: David Kiprono Korir; Applicant: Ben Kosgei; Applicant: Ann Jepkoech Kosgei; Applicant: Monica Chepkorir Rutto; Applicant: Ann Murtiony; Applicant: Jairus K. Kuto; Respondent: Isaac K Marta
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 311 of 2013
- Procedural Posture
- Probate and Administration / Interlocutory Application for Conservatory Orders Pending Hearing of Summons for Revocation of Grant
- Outcome
- Interim conservatory orders granted; application to be served for inter-parties hearing.
- Judges
- RN Nyakundi
- Legal Topics
- Succession Disputes, Revocation of Grant, Interim Injunctions, Preservation of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Kimurgor Tanui
Applicant
David Kiprono Korir
Applicant
Ben Kosgei
Applicant
Ann Jepkoech Kosgei
Applicant
Monica Chepkorir Rutto
Applicant
Ann Murtiony
Applicant
Jairus K. Kuto
Applicant
Isaac K Marta
Respondent
Procedural Posture
Probate and Administration / Interlocutory Application for Conservatory Orders Pending Hearing of Summons for Revocation of Grant
Legal Issues
- 1 Whether interim conservatory orders should be granted to restrain the respondent from subdividing, transferring, or disposing of the estate properties pending determination of the summons for revocation of grant.
- 2 Whether the applicants/objectors have demonstrated sufficient grounds for preservation of the estate to prevent irreparable harm and maintain the status quo.
Ratio Decidendi
The court found that the applicants/objectors had demonstrated a prima facie case for the preservation of the estate, as there was evidence that the respondent was taking steps to subdivide and transfer the estate properties pursuant to a prior court ruling. The court considered that if interim conservatory orders were not granted, the estate could be irreversibly altered, rendering the pending summons for revocation of grant nugatory and potentially causing irreparable harm to the applicants, who claim to have been in occupation of the properties for a long time. The court exercised its discretion to grant a temporary injunction to maintain the status quo and ensure that the substantive...
Court Disposition
Interim conservatory orders granted; application to be served for inter-parties hearing.
Orders
- Interim temporary injunction issued restraining the respondent, their agents, servants or assigns from subdividing, transferring, disposing of, or in any way dealing with the estate properties pending inter-parties hearing.
- The application dated 12th June 2025 to be served upon all beneficiaries including objectors for responses.
Full Case Text
Judgment text and source record
33 paragraphs
In re Estate of James Kimarta Ruto (Deceased) (Probate & Administration 311 of 2013) [2025] KEHC 8226 (KLR) (12 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8226 (KLR)
Republic of Kenya
In the High Court at Eldoret
Probate & Administration 311 of 2013
RN Nyakundi, J
June 12, 2025
IN THE MATTER OF THE ESTATE OF THE LATE JAMES KIMARTA RUTO (DECEASED)
Between
Mark Kimurgor Tanui
1st Applicant
David Kiprono Korir
2nd Applicant
Ben Kosgei
3rd Applicant
Ann Jepkoech Kosgei
4th Applicant
Monica Chepkorir Rutto
5th Applicant
Ann Murtiony
6th Applicant
Jairus K. Kuto
7th Applicant
and
Isaac K Marta
Respondent
Ruling
1. This is an application made in the above-mentioned case seeking the following ordersa.Spentb.That pending the hearing and determination of this application inter parties, this honourable court be pleased to issue conservatory orders restraining the petitioners/Respondents, their agents, servants or assigns from subdividing, transferring, disposing of, or in any way dealing with the estate of the deceased comprising the following properties: Tulwet/koisagat(sochoi) block 1/67, tulwet/tulwet bloc 7 (terige)25, lessos settlement shceme keben block phase three no 347, plot at lesson centre no 85, plot at koisagat trading centrec.That upon granting prayer 2 above, the application dated 21st May 2025, be set down for hearing of priority basis.WHICH APPLICATION is based on the following grounds:a.That the Applicants/objectors are beneficiaries of the estate of the deceased, James Kimarta Rutob.That the Applicants/Objectors filed summons for Revocation of Grant dated 21. 5.2025, which was listed for directions on 6th June 2025, with further directions scheduled for 26th June 2025c.That Unfortunately, the 6th June 2025 was gazette a national holiday and therefore the matter could not be heardd.That the petitioner/Respondent shall commence the process of subdividing and transferring the estate properties pursuant to court ruling dated 24th December 2024e.That surveyors shall visit the estate properties on Monday 16th June 2025 ready to commence the subdivision process, and the petitioner/Respondents intend to complete the processf.That ongoing process will result to eviction of legitimate beneficiaries and creditors who have been and are still in occupation and possession of the deceased properties for a long timeg.That applicant/objectors will be rendered destitute as they have nowhere else to go since they have been living on the said properties for years and have established a permanent home thereh.That Applicant/objectors stand to suffer irreparably due to loss of propertyi.That Unless this honourable court grants the conservatory orders, the ongoing survey and distribution will render the Applicant/Objectors’ summons for Revocation of Grant dated 21st May 2025 nugatory as the estate will be irreversibly altered.j.That the Applicants/Objectors will be rendered destitute as they have nowhere else to go since they have been living on the said land for a long time and have established a permanent home therek.That It is in the interest of justice that the estate of the deceased be preserved and the matter be settled between the beneficiaries as the implementation of the ruling will cause breach of the peace and havoc.
2. In support of the application is also an affidavit dated the same day. I have read the entire record. These proceedings on distribution of the estate were initiated on 23. 9.2013. However, the sad story is litigation on devolution of the estate remains a pipe dream to the beneficiaries. There are more interlocutory applications than a decision tailored to vindicate the rights of the heirs.
3. The ink on the distribution scheme has not even dried before the instant application raising some underlying issues and as such even at this ex-parte stage this court has got to assess whether granting interim injunction or withholding it is more likely to produce a just result or at the end of it all render the pending application nugatory
4. Having been involved in presiding over these proceedings of quite some time the approach I take is to grant interim temporary injunction to preserve the status quo against any beneficiary or administrators not to do something else touching on the certificate of confirmation of grant so as to improve the chances of the court being able to do justice by adjudicating the pending application on the merits.
5. The application dated 12. 6.2025 shall be served upon all the beneficiaries including objectors to file responses to the application for an inter-parties hearing on 23. 6.2025. In addition, parties be at liberty to file brief written submissions on the predominant issues raised in the application.
GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 12TH DAY OF JUNE 2025. ..................R. NYAKUNDIJUDGE