[2017] KEHC 8029 (KLR)
The court found that there was no evidence of any appeal or stay of execution against the arbitral award appointing Alice Chepchumba Chesire and Stephen Kiprop Chesire as administrators of the estate. The previous application to set aside the award had been dismissed, and no stay orders had been granted by any...
Source-derived case information.
- Citation
- [2017] KEHC 8029 (KLR)
- Parties
- Applicant: Alice Chepchumba Chesire; Applicant: Stephen Kiprop Chesire; Respondent: Unnamed Applicant (objector to gazettement)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1194 of 2009
- Procedural Posture
- Succession Cause / Ruling on Directions for Gazettement and Appointment of Administrators
- Outcome
- Directions granted for gazettement and appointment of administrators as per arbitral award.
- Judges
- DN Musyoka
- Legal Topics
- Administration of Estates, Appointment of Administrators, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Chepchumba Chesire
Applicant
Stephen Kiprop Chesire
Applicant
Unnamed Applicant (objector to gazettement)
Respondent
Procedural Posture
Succession Cause / Ruling on Directions for Gazettement and Appointment of Administrators
Legal Issues
- 1 Whether there is any legal bar to the gazettement and appointment of Alice Chepchumba Chesire and Stephen Kiprop Chesire as administrators of the estate.
- 2 Whether any stay of execution or appeal exists to prevent implementation of the arbitral award.
Ratio Decidendi
The court found that there was no evidence of any appeal or stay of execution against the arbitral award appointing Alice Chepchumba Chesire and Stephen Kiprop Chesire as administrators of the estate. The previous application to set aside the award had been dismissed, and no stay orders had been granted by any court. In the absence of any legal impediment, the court held that there was no bar to proceeding with the gazettement and appointment of the two as administrators in accordance with the arbitral award. The Deputy Registrar was directed to cause the gazettement upon payment of requisite fees.
Court Disposition
Directions granted for gazettement and appointment of administrators as per arbitral award.
Orders
- Deputy Registrar to cause gazettement of Alice Chepchumba Chesire and Stephen Kiprop Chesire as administrators upon payment of requisite fees.
- No stay of execution or appeal bars the implementation of the arbitral award.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1194 OF 2009
IN THE MATTER OF THE ESTATE OF REUBEN KIPLAGAT CHESIRE (DECEASED)
RULING
1. On 31st July 2015, I delivered a Ruling wherein I dismissed an application dated 23rd May 2013 for stay of execution of an arbitral award. The said award had made findings, inter alia, appointing Alice Chepchumba Chesire and Stephen Kiprop Chesire as administrators of the estate of the deceased.
2. The matter was thereafter placed before me on 3rd February 2016 for directions that the cause be gazetted to pave way for the appointment of the two as administrators. Those directions were opposed by counsel for the applicant in the application dated 23rd May 2013, on grounds that the applicant was unaware that a Ruling had been delivered on the application. And that she needed time to obtain the Ruling and to study the same.
3. When the matter came up next, counsel for the applicant indicated that he had not yet obtained the Ruling and therefore they were not ready to take directions. It was submitted that the cause ought not to be gazetted as accounts were yet to be filed.
4. I have studied the record before me. I have noted that the award of the arbitrator dated 10th August 2011 was filed in court. An application to set it aside, dated 9th September 2011, was dismissed in a Ruling by GBM Kariuki J., delivered by Kimaru J. on 2nd May 2013. The application that I dismissed on 31st July 2015 was prompted by the events of 2nd May 2013.
5. Although the applicant did talk about an appeal against the decision by GBM Kariuki J., nothing has been placed before me as evidence that such an appeal was ever filed. Neither is there evidence of stay orders ever having been given by the Court of Appeal with respect to the said order or the award of the arbitrator. Certainly, this court has not granted any stay orders.
6. In view of the above, I do not see any bar to directions being given that the cause herein be gazetted with respect to the appointment of Alice Chepchumba Chesire and Stephen Kiprop Chesire as administrators of the estate herein in terms of the arbitrator’s award of 10th August 2011. I do hereby give directions in those terms. Deputy Registrar shall cause the gazettement, upon the payment of the requisite fees. It is so directed.
DATED, SIGNED and DELIVERED at NAIROBI this 3RD DAY OF FEBRUARY, 2017.
W. MUSYOKA
JUDGE