[2019] KEHC 8730 (KLR)
The court found that the petitioner, as the only surviving wife, had demonstrated good faith in administering the estate for the equal benefit of all beneficiaries. The objections raised did not present weighty issues warranting rescinding the process. The court emphasized that rescinding the process would cause...
Source-derived case information.
- Citation
- [2019] KEHC 8730 (KLR)
- Parties
- Applicant: Annah Botishoi Ngelechei; Respondent: Julius Kipruto Yego; Respondent: Samuel Kipyego Kogo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 376 of 2013
- Procedural Posture
- Probate and Administration / Ruling on Objection to Grant of Letters of Administration
- Outcome
- Objection dismissed; matter referred to mediation.
- Judges
- AM Githinji
- Legal Topics
- Succession, Distribution of Estate, Letters of Administration, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Botishoi Ngelechei
Applicant
Julius Kipruto Yego
Respondent
Samuel Kipyego Kogo
Respondent
Procedural Posture
Probate and Administration / Ruling on Objection to Grant of Letters of Administration
Legal Issues
- 1 Whether the grant of letters of administration was obtained contrary to the deceased's will.
- 2 Whether the list of beneficiaries and supporting affidavits were forged.
- 3 Whether all rightful beneficiaries were included in the administration process.
Ratio Decidendi
The court found that the petitioner, as the only surviving wife, had demonstrated good faith in administering the estate for the equal benefit of all beneficiaries. The objections raised did not present weighty issues warranting rescinding the process. The court emphasized that rescinding the process would cause undue delay and injustice. The dispute was essentially about distribution, which could be better resolved through mediation. The court ordered that the status quo be maintained and referred the matter to mediation, recognizing the importance of family unity and efficient resolution of succession disputes.
Court Disposition
Objection dismissed; matter referred to mediation.
Orders
- Status quo on the file and the ground to be maintained.
- Matter to be mentioned before the Deputy Registrar for instructions on the mediation process.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
P&A CASE NO. 376 OF 2013
IN THE MATTER OF THE ESTATE OF THE LATE KIBIEGO CHEMAKAR (DECEASED)
IN THE MATTER OF ANNAH BOTISHOI NGELECHEI...........PETITIONER
VERSUS
JULIUS KIPRUTO YEGO............................................................1ST OBJECTOR
SAMUEL KIPYEGO KOGO.........................................................2ND OBJECTOR
RULING
The deceased herein, one Kibiego Chemakar Kibet, died on 2nd May, 2000. He was married to 3 wives namely Esther Chepkemboi Ngelechei, Annah Botishoi Ngelechei (Petitioner) and Pauline Chepkorir. The first wife had 3 children, inclusive of Julius Kipruto Yego (2nd Applicant). The petitioner has 11 children, inclusive of Samuel Kipyego Kogo (1st Applicant). The 3rd wife had left the deceased many years back, leaving him with two children. The other two wives are deceased, save for the petitioner herein. The deceased Estate comprise of only one parcel of land, Uasin Gishu/Chepsaita/84. The petitioner obtained letters of administration for the sake of sub dividing the Estate amongst the deceased’s children. The six sons are to get each 13 acres. The rest are girls. None is left out but sons have currently more than 13 acres and that is what she wishes to correct. She wishes to favour no one.
The objection was initially by three sons. However one by the name of Reuben Kiptum Yego, later on pulled out. The said objection is based on the grounds that:-
1. Application for grant was made against the deceased’s will.
2. The list of beneficiaries by the chief Mr. Johana Kisorio and affidavit sworn by Mr. Anthony Sitienei and Edwin Maiyo, were forged.
3. Mr. Joseph Yego Ngelechei, indicated as a beneficiary is not, while the late Mr. Joseph Chemakar Ngelechei and the 3rd wife Paulina Chepkorir were left out.
4. The petitioner was illegally declared as the only next of kin.
I have gone through the application and the evidence adduced. In reality there are no weighty issues in it. The petitioner is the only surviving wife to the deceased. All the beneficiaries have been included and considered save for some miswriting of some names in some of the forms. The petitioner has demonstrated good will in administration of the Estate for the equal benefit of all the beneficiaries. Rescinding the process at this stage won’t be at interest of justice. Such a process will lead to inordinate delay in determination of the matter and therefore to an injustice. Out of 12 beneficiaries only two have issues. As a court we have now embraced court annexed mediation. I find this a suitable case where the actual issue in dispute is of distribution, though was disguised on other grounds, can be deliberated and agreed upon. Family members irrespective of the dispute and at the end of it all, remains family members. The status quo on the file and the ground should be maintained, and the matter be mentioned before the Deputy Registrar for instructions on the mediation process.
S. M GITHINJI
JUDGE
DATED, SIGNEDandDELIVEREDatELDORETthis28thday ofMarch,2019.
In the presence of:-
2nd objector
Mr. Mwelem- Court clerk
And in the absence of Petitioner