[2025] KEHC 10012 (KLR)
The court finds that the application raises issues regarding the validity and effect of the certificate of confirmation of grant issued on 4th December 2007, the administrators' obligation to distribute the estate, and the inclusion of an additional administrator. The court directs that the application be served on...
Source-derived case information.
- Citation
- [2025] KEHC 10012 (KLR)
- Parties
- Applicant: Joseph Kiptanui Chirchir; Respondent: Administrators of the Estate of the Late Kipketer Chepsiror
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 93 of 1993
- Procedural Posture
- Probate and Administration Application / Interlocutory Application for Directions and Orders on Distribution of Estate
- Outcome
- Application to be served for inter partes hearing; no final orders granted at this stage.
- Judges
- RN Nyakundi
- Legal Topics
- Confirmation of Grant, Estate Distribution, Administrator Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kiptanui Chirchir
Applicant
Administrators of the Estate of the Late Kipketer Chepsiror
Respondent
Procedural Posture
Probate and Administration Application / Interlocutory Application for Directions and Orders on Distribution of Estate
Legal Issues
- 1 Whether the court should restate and declare the Confirmation of Grant issued on 4th December 2007 as the correct position for administration and distribution of the estate.
- 2 Whether the administrators should be ordered to distribute the estate in accordance with the confirmed grant within sixty days.
- 3 Whether the representative of the interested parties should be included as an administrator to facilitate distribution.
Ratio Decidendi
The court finds that the application raises issues regarding the validity and effect of the certificate of confirmation of grant issued on 4th December 2007, the administrators' obligation to distribute the estate, and the inclusion of an additional administrator. The court directs that the application be served on all beneficiaries and interested parties for hearing, noting that the record is unclear as to why the original grant was declared invalid and a new one issued. The court will address these issues substantively at the scheduled hearing date.
Court Disposition
Application to be served for inter partes hearing; no final orders granted at this stage.
Orders
- The application dated 13th June 2025 to be served upon all beneficiaries and interested parties for hearing on 16th July 2025.
- Parties are notified that the validity of the certificate of confirmation of grant issued on 4th December 2007 will be discussed at the hearing.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of the Late Kipketer Chepsiror (Deceased) (Probate & Administration 93 of 1993) [2025] KEHC 10012 (KLR) (10 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10012 (KLR)
Republic of Kenya
In the High Court at Eldoret
Probate & Administration 93 of 1993
RN Nyakundi, J
July 10, 2025
IN THE ESTATE OF THE LATE KIPKETER CHEPSIROR (DECEASED)
Ruling
1. What is pending before me for determination is an application dated 13th day of June 2025 seeking the following orders:a.That this honorable court restates and declare the Confirmation of Grant herein by Justice Mohammed Ibrahim and the certificate of confirmation of Grant issued and signed on the 4th December 2007 to be the correct position as far as the administration and distribution of the estate is concern.b.That this honorable court order and directs the Administrators estate of the late Kipketer Chepsiror to expeditiously distribute the estate in terms the distribution schedule approved and dated the 4th December 2007 during the confirmation of the Grant within sixty days from the date hereof.c.That the representative of the interested parties one Joseph Kiptanui Chirchir be and is hereby included in the administration to make them four (4) John Kimeli Sum having died and give impetus to the process of distribution.d.Costs of this summons be provided for.
2. The Application is based on the grounds on the face of it among others;a.This honorable court issued and confirmed the Grant on the 4th December 2007. b.During the confirmation of the Grant all parties hereto appeared before Hon. Justice Mohammed Ibrahim who had the privilege of seeing and talking to all the parties then confirmed the grant.c.All the beneficiaries in the grant and the interested parties are peacefully in possession and occupation of their respective interest on the estate.d.The Petitioners/Administrators however have been reluctant and not keen in distributing the estate.e.In the interest of justice, the Petitioners be directed to complete the distribution of the estate and present to court accounts for discharge as administrators and closure.
Decision 3. This application be served upon all the beneficiaries and interested parties for hearing on 16. 7.2025 before this court. the parties are put on notice that on December 4th 2007 justice Mohammed Ibrahim issued a Certificate of Confirmation of Grant to the intestate estate of the deceased. It is not clear from the record the basis upon which that grant was declared invalid and a new one issued by this court. That would be the point of discussion by this court on the due date.
DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 10THJULY 2025……………………………………R. NYAKUNDIJUDGE