[2019] KEHC 4081 (KLR)
The court held that, according to section 40 of the Law of Succession Act, grandchildren cannot inherit directly from their grandfather's estate unless their parents were deceased at the time of the deceased's death. Since it was not established that the parents of the grandchildren in question were deceased at the...
Source-derived case information.
- Citation
- [2019] KEHC 4081 (KLR)
- Parties
- Applicant: Philip Kimutai Langat; Respondent: Ruth Chepkoech
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 386 of 2015
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Application for confirmation of grant allowed with modifications to the proposed mode of distribution.
- Judges
- GMA Dulu
- Legal Topics
- Succession, Distribution of Estate, Inheritance Rights, Law of Wills
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kimutai Langat
Applicant
Ruth Chepkoech
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the proposed modes of distribution of the estate are in accordance with the Law of Succession Act.
- 2 Whether grandchildren can inherit directly from their grandfather's estate in the absence of their parents.
- 3 How the estate should be distributed among the surviving widows and children.
Ratio Decidendi
The court held that, according to section 40 of the Law of Succession Act, grandchildren cannot inherit directly from their grandfather's estate unless their parents were deceased at the time of the deceased's death. Since it was not established that the parents of the grandchildren in question were deceased at the relevant time, they are not entitled to inherit directly. The estate should therefore be distributed equally among the two surviving widows and their children. The share of the deceased widow in the first house is to be determined by her surviving child. The court rejected the objector's proposal to include the grandchildren as direct beneficiaries and ordered equal...
Court Disposition
Application for confirmation of grant allowed with modifications to the proposed mode of distribution.
Orders
- The estate shall be distributed equally among the two surviving widows and their children.
- Grandchildren shall not inherit directly unless their parents were deceased at the time of the deceased's death.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE NO.386 OF 2015
IN THE MATTER OF THE ESTATE OF KIPLANGAT ARAP MAINA (DECEASED)
PHILIP KIMUTAI LANGAT........1ST PETITIONER
VERSUS
RUTH CHEPKOECH..............................OBJECTOR
RULING
1. This is an application for confirmation of Grant of Letters of Administration dated 12th July 2018 filed by M/s Tengekyon and Koske Co. Advocates.
2. The only issue for the decision of this court is the mode of distribution of the estate, that is one piece of land Kericho/Sosiot/1656.
3. Philip Kimutai Langat one of the two administrators proposed that disbrution be equally as follows- Ruth Chepkoech, Alice Kipkemoi, Philip Kimutai Langat, Irene Chepkorir Langat, Evaline Chelangat and Kenneth Kipkirui langat each to get 0. 123 ha.
4. The other administrator Ruth Chepkoech however proposed that each of the two houses gets equal share of 0. 143 Ha and distribution to include two grandchildren in the 1st house to be as follows:-
1st house – 0. 43 Ha.
Ruth Chepkoech – 0. 143 Ha.
Vincent Korir - 0. 143 Ha.
Judith Cherotich -0. 143 Ha.
2nd House - 0. 43 Ha.
Alice Chemutai Maina – 0. 072 Ha.
Josephat Kipkemi 0. 072 Ha.
Philip Kimutai Langat 0. 072 Ha.
Irine chepkorir Langat 0. 072 Ha.
Evaline chelangat 0. 072 Ha.
Kenneth Kipkirui Langat 0. 072 Ha.
5. From the documents filed, it is clear that both widows of the 1st house and 2nd house survived the deceased, but the widow in the 1st house died thereafter. In that house the survivors were the widow and a daughter Ruth Chepkemoi (the administrator) who is the objector. Vincent Korir and Judith Cherotich are a grandson and a granddaughter. It has not been stated that their parents were alive at the time the deceased died.
6. In terms of section 40 of the Law of Succession Act (Cap.160) unless the parents of these two grandson children were alive, and died thereafter, these grand children cannot inherit from the estate of their grandfather.
7. That said, the two widows survived the deceased. Each was thus entitled to inherit, alongside their children. The estate will thus be distributed equally to all the listed two surviving widows and their children. The child of the 1st house will decide how to inherit the share of her deceased mother (widow).
Dated and delivered at Kericho this 26th September 2019.
GEORGE DULU
JUDGE