[2024] KEHC 5440 (KLR)
The court, after considering the application and the supporting affidavit, found that the estate of Lulei Rono should be administered by persons with the closest entitlement under the law. In accordance with section 66 of the Law of Succession Act, the court exercised its discretion to nominate Salina Rono (widow)...
Source-derived case information.
- Citation
- [2024] KEHC 5440 (KLR)
- Parties
- Applicant: Kenneth Mutai; Respondent: Salina Rono; Respondent: David K. Chelule
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Citation Cause 28 of 2023
- Procedural Posture
- Citation Cause / Ruling on Application for Citation to Accept or Refuse Letters of Administration
- Outcome
- Citation compromised; Salina Rono and David K. Chelule nominated to petition for grant of letters of administration; citation marked as spent; file closed.
- Judges
- RN Nyakundi
- Legal Topics
- Succession, Letters of Administration, Intestate Estate, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Mutai
Applicant
Salina Rono
Respondent
David K. Chelule
Respondent
Procedural Posture
Citation Cause / Ruling on Application for Citation to Accept or Refuse Letters of Administration
Legal Issues
- 1 Whether the applicant is entitled to apply for letters of administration for the estate of Lulei Rono (deceased).
- 2 Whether the court should nominate beneficiaries to petition for grant of letters of administration.
- 3 Whether the citation should be marked as spent and the file closed.
Ratio Decidendi
The court, after considering the application and the supporting affidavit, found that the estate of Lulei Rono should be administered by persons with the closest entitlement under the law. In accordance with section 66 of the Law of Succession Act, the court exercised its discretion to nominate Salina Rono (widow) and David K. Chelule (son) as the appropriate beneficiaries to petition for the grant of letters of administration. The court determined that this approach would best serve the interests of justice and ensure proper administration of the estate. Consequently, the citation was marked as spent, and the file was ordered closed, with directions to commence probate proceedings in the...
Court Disposition
Citation compromised; Salina Rono and David K. Chelule nominated to petition for grant of letters of administration; citation marked as spent; file closed.
Orders
- Salina Rono (widow) and David K. Chelule (son) are nominated to petition for grant of letters of administration for the estate of Lulei Rono.
- The citation is marked as spent and the file is closed.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Lulei Rono (Deceased) (Citation Cause 28 of 2023) [2024] KEHC 5440 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5440 (KLR)
Republic of Kenya
In the High Court at Eldoret
Citation Cause 28 of 2023
RN Nyakundi, J
May 21, 2024
IN THE MATTER OF THE ESTATE OF LULEI RONO (DECEASED) CITATION TO ACCEPT OR REFUSE LETTERS OF ADMINISTRATION INTESTATE
Ruling
1. This is an application for citation or refuse letters of administration of the estate of Lulei Rono filed by Kenneth Mutai. It is supported by an affidavit of the applicant in which he depones as follows:That I swear this affidavit as required by provisions of rule 21(1) of Probate and Administration Rules.That Lulei Rono the above names deceased died intestate on 2nd October, 2001 and was survived by the following:Paciliza Jepkorir Rono (deceased)Salina Rono (Widow)Anne Chepkurgat Bungei (daughter)Joseph Kiptum Bitok (deceased)Benedette Chelagat Koech daughterDavid K Chelule SonJohn K Kebenei Rono SonElphas K Rono SonIsaac Kimaru Chelule SonPacifica Jepmeli (deceased)Stephen Bitok SonLucy Metto (deceased)Cecilia Jerobon DaughterTecla Chepsat DaughterEmmily Jebet DaughterNelson Lelei SonAbraham Kipkemei SonVincent Kiptanui SonGilbert Kipngetich SonLawrence Tirop SonMoses Kipkirui SonThat all the above names persons being sons and daughters of the deceased are equally entitled to apply for a grant of letters of administration for the estate of the deceased father Lulei RonoThat I am an interested party, being a son of Joseph Kiptum Bitok (deceased who was the son of the late Lulei Rono, the deceased herein, and am desirous of obtaining letters of administration of the deceased.That the deceased, Lulei Rono, is the registered owner of the parcel of land known ad Kapsaret/Kapsaret Block 6(Kamoson)/15 measuring 19. 65 Ha.That I am reliably informed that on Elphas Rono wants to forcefully take possession of my late father’s share of the estate without filing a succession cause and locking our family out.That I am requesting this honorable court to allow me to file letters of administration.That it is in the best interest of justice that this honorable court allow me to file letters of administration.
2. Having considered the citation pursuant to section 66 of the Law of Succession Act and rule 73(1) of the Probate and Administration Rules, the same be compromised to the extent that the following beneficiaries be nominated to petition for grant of letters of administration to administer the estate of the estate of the deceased Lulei Rono.a.Salina Rono Widowb.David K. Chelule Son
3. That in terms of this appointment this citation be marked as spent and the file closed. The proceedings be commenced by opening a probate cause file in the family registry. It is so ordered.
DATED AND SIGNED AT ELDORET THIS 21ST DAY OF MAY, 2024…………………………………R. NYAKUNDIJUDGE