[2025] KEHC 795 (KLR)
The court found that the parties had failed to take any steps to prosecute or conclude the succession cause for over one year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to inactivity, thereby bringing the proceedings to an end.
Source-derived case information.
- Citation
- [2025] KEHC 795 (KLR)
- Parties
- Applicant: Francis Ruto; Respondent: Daniel ruto Ketyenya; Respondent: Julius Kiplangat Ruto
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 20 of 2016
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Procedure, Estate Administration, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ruto
Applicant
Daniel ruto Ketyenya
Respondent
Julius Kiplangat Ruto
Respondent
Procedural Posture
Succession Cause / Ruling on Inactivity/closure
Legal Issues
- 1 Whether the succession cause should be closed due to inactivity by the parties.
Ratio Decidendi
The court found that the parties had failed to take any steps to prosecute or conclude the succession cause for over one year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to inactivity, thereby bringing the proceedings to an end.
Court Disposition
Cause closed due to inactivity.
Orders
- This cause is closed pursuant to section 76(d) of the Law of Succession Act.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Kipruto arap Ketyenya (Deceased) (Succession Cause 20 of 2016) [2025] KEHC 795 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 795 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 20 of 2016
JK Ng'arng'ar, J
January 27, 2025
IN THE MATTER OF THE ESTATE OF KIPRUTO ARAP KETYENYA (DECEASED)
Between
Francis Ruto
Petitioner
and
Daniel ruto Ketyenya
1st Objector
Julius Kiplangat Ruto
2nd Objector
Ruling
1. Upon perusal of this succession cause, it is noted that the parties for over one year have not taken any step to prosecute or conclude the matter.
2. Pursuant to section 76 (d) of the Law of Succession, Act, this cause is closed.
DATED THIS 27THDAY OF JANUARY 2025HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT