[2025] KEHC 2835 (KLR)

[2025] KEHC 2835 (KLR)

The court found that the parties had entered into a mediation settlement agreement which resolved all issues regarding the distribution of the deceased's estate. The application for revocation and amendment of the grant was unopposed, and the agreement was duly filed in court. The court held that the mediation...

Source-derived case information.

Citation
[2025] KEHC 2835 (KLR)
Parties
Applicant: Jeremiah Kipkoech Kirui; Respondent: Rachel Chepngetich Kirui
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Succession Cause 41 of 2016
Procedural Posture
Succession Cause / Ruling on Application for Revocation and Amendment of Grant
Outcome
application allowed; grant confirmed as per mediation settlement agreement; matter settled
Judges
JK Ng'arng'ar
Legal Topics
Succession, Grant Confirmation, Mediation Settlement
Source Language
en
Family and Children Succession Grant Confirmation Mediation Settlement

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Summary, issues, holding and outcome

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Parties

Jeremiah Kipkoech Kirui

Applicant

Rachel Chepngetich Kirui

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Revocation and Amendment of Grant

Legal Issues

  1. 1 Whether the grant of representation should be revoked and amended in accordance with the mediation settlement agreement.
  2. 2 Whether the mediation settlement agreement filed in court is binding on the parties and the estate.

Ratio Decidendi

The court found that the parties had entered into a mediation settlement agreement which resolved all issues regarding the distribution of the deceased's estate. The application for revocation and amendment of the grant was unopposed, and the agreement was duly filed in court. The court held that the mediation settlement agreement was binding on the parties and that the grant should be confirmed in accordance with its terms. Accordingly, the court confirmed the grant as per the mediation settlement agreement and ordered that a certificate of confirmation issue, marking the matter as settled.

Court Disposition

application allowed; grant confirmed as per mediation settlement agreement; matter settled

Orders

  • The grant is confirmed as per the mediation settlement agreement filed on 15/9/2022.
  • A certificate of confirmation of grant to issue.