[2025] KEHC 9144 (KLR)
The court finds that the confirmation of grant issued on 4th December 2007 remains the operative instrument for the administration and distribution of the estate, unless and until set aside by a competent order. The administrators have a continuing legal obligation to effect distribution in accordance with the...
Source-derived case information.
- Citation
- [2025] KEHC 9144 (KLR)
- Parties
- Applicant: Joseph Kiptanui Chirchir; Respondent: Administrators of the Estate of Kipketer Chepsiror
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 93 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Restatement and Enforcement of Confirmation of Grant
- Outcome
- Application to be served for inter partes hearing; parties notified of the operative status of the 2007 confirmed grant.
- Judges
- RN Nyakundi
- Legal Topics
- Confirmation of Grant, Estate Distribution, Administrator Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kiptanui Chirchir
Applicant
Administrators of the Estate of Kipketer Chepsiror
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Restatement and Enforcement of Confirmation of Grant
Legal Issues
- 1 Whether the court should restate and declare the confirmation of grant issued on 4th December 2007 as the correct position for administration and distribution of the estate.
- 2 Whether the administrators should be compelled to distribute the estate in accordance with the confirmed grant within a specified period.
- 3 Whether the inclusion of Joseph Kiptanui Chirchir as an administrator is warranted to facilitate distribution.
Ratio Decidendi
The court finds that the confirmation of grant issued on 4th December 2007 remains the operative instrument for the administration and distribution of the estate, unless and until set aside by a competent order. The administrators have a continuing legal obligation to effect distribution in accordance with the confirmed schedule and to render accounts for their administration. The inclusion of an additional administrator may be necessary to facilitate compliance and expedite the process, especially where existing administrators have failed in their duties. The matter is set for inter partes hearing to resolve any contestation regarding the validity of the original grant and to ensure...
Court Disposition
Application to be served for inter partes hearing; parties notified of the operative status of the 2007 confirmed grant.
Orders
- Application to be served upon all beneficiaries and interested parties for hearing on 1st July 2025.
- Parties are notified that the Certificate of Confirmation of Grant issued on 4th December 2007 remains the operative document for the estate.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Kipketer Chepsisor (Deceased) (Succession Cause 93 of 1993) [2025] KEHC 9144 (KLR) (27 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9144 (KLR)
Republic of Kenya
In the High Court at Eldoret
Succession Cause 93 of 1993
RN Nyakundi, J
June 27, 2025
IN THE MATTER OF THE ESTATE OF KIPKETER CHEPSIROR (DECEASED)
Ruling
Coram: Before Justice R. NyakundiM/s Isaboke Bw'Orina & Co/ Advocates 1. Before this court is an application dated 13th day of June 2025 seeking the following orders:a.That this honorable court restates and declare the Confirmation of Grant herein by Justice Mohammed Ibrahim and the certificate of confirmation of Grant issued and signed on the 4th December 2007 to be the correct position as far as the administration and distribution of the estate is concern.b.That this honorable court order and directs the Administrators estate of the late Kipketer Chepsiror to expeditiously distribute the estate in terms the distribution schedule approved and dated the 4th December 2007 during the confirmation of the Grant within sixty days from the date hereof.c.That the representative of the interested parties one Joseph Kiptanui Chirchir be and is hereby included in the administration to make them four (4) John Kimeli Sum having died and give impetus to the process of distribution.d.Costs of this summons be provided for.
2. The application is supported by an affidavit sworn by Joseph Kiptanui Chirchir and on grounds enumerated as follows:a.This honorable court issued and confirmed the Grant on the 4th December 2007. b.During the confirmation of the Grant all parties hereto appeared before Hon. Justice Mohammed Ibrahim who had the privilege of seeing and talking to all the parties then confirmed the grant.c.All the beneficiaries in the grant and the interested parties are peacefully in possession and occupation of their respective interest on the estate.d.The Petitioners/Administrators however have been reluctant and not keen in distributing the estate.e.In the interest of justice the Petitioners be directed to complete the distribution of the estate and present to court accounts for discharge as administrators and closure
Decision 3. This application be served upon all the beneficiaries and interested parties for hearing on 1. 7.2025 before this court. the parties are put on notice that on 4th December 2007 justice Mohammed Ibrahim issued a Certificate of Confirmation of Grant to the intestate estate of the deceased. It is not clear from the record the basis upon which that grant was declared invalid and a new one issued by this court. That would be the point of discussion by this court on the due date.
DATED AND DELIVERED AT ELDORET THIS 27TH DAY OF JUNE 2025…………………………………R. NYAKUNDIJUDGE