[2025] KEHC 2682 (KLR)
The court found that it was functus officio, having already determined the substantive issues in the succession cause. Further, by virtue of Article 162(2) of the Constitution, the court lacked jurisdiction to entertain the application. The preliminary objection on jurisdiction was upheld, and the application dated...
Source-derived case information.
- Citation
- [2025] KEHC 2682 (KLR)
- Parties
- Applicant: Daniel Kipngeno Mutai; Applicant: Sammy Kipkemoi Rono; Applicant: Recho Kombich; Respondent: Annah Chepkorir Mutai; Respondent: Alice Ngetich
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 24 of 2015
- Procedural Posture
- Succession Cause / Ruling on Preliminary Objection and Application
- Outcome
- application struck out; matter closed
- Judges
- JK Ng'arng'ar
- Legal Topics
- Jurisdiction, Functus Officio, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kipngeno Mutai
Applicant
Sammy Kipkemoi Rono
Applicant
Recho Kombich
Applicant
Annah Chepkorir Mutai
Respondent
Alice Ngetich
Respondent
Procedural Posture
Succession Cause / Ruling on Preliminary Objection and Application
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the application in light of Article 162(2) of the Constitution.
- 2 Whether the court is functus officio in the matter.
Ratio Decidendi
The court found that it was functus officio, having already determined the substantive issues in the succession cause. Further, by virtue of Article 162(2) of the Constitution, the court lacked jurisdiction to entertain the application. The preliminary objection on jurisdiction was upheld, and the application dated 16/4/2024 was struck out. The matter was marked as closed, and notice was to issue to the parties.
Court Disposition
application struck out; matter closed
Orders
- The application dated 16/4/2024 is struck out.
- Notice to issue to the parties.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Kibore arap Kombich alias Kibore A Kombich (Deceased) (Succession Cause 24 of 2015) [2025] KEHC 2682 (KLR) (6 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2682 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 24 of 2015
JK Ng'arng'ar, J
March 6, 2025
IN THE MATTER OF THE ESTATE OF KIBORE ARAP KOMBICH ALIAS KIBORE A. KOMBICH (DECEASED)
In the matter of
Daniel Kipngeno Mutai
1st Petitioner
Sammy Kipkemoi Rono
2nd Petitioner
and
Recho Kombich
Applicant
and
Annah Chepkorir Mutai
1st Beneficiary
Alice Ngetich
2nd Beneficiary
Ruling
1. I have gone through the pending application and the preliminary objection raised on jurisdiction. I do agree with the objector that this court is functus officio and lacks jurisdiction by virtue of Article 162 (2) of the constitution.
2. The application dated 16/4/2024 is therefore struck out.
3. Notice to issue to the parties. This matter is marked as closed.
RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 6TH DAY OF MARCH, 2025. HON. JULIUS K. NG’ARNG’ARJUDGERuling delivered in the presences of Kigen for 3rd petitioner, in the absence of parties and Siele/Susan (Court Assistants).