[2025] KEHC 3873 (KLR)

In re Estate of the Late Maritim Rugut (Deceased) (Succession Cause 2 of 2009) [2025] KEHC 3873 (KLR) (27 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3873 (KLR)

Republic of Kenya

In the High Court at Kericho

Succession Cause 2 of 2009

JK Sergon, J

March 27, 2025

Between

Recho Chepngeno Chepkwony

Proposed Applicant

and

Grace Chelangat Maritim

Protestor

Ruling

1. The application coming up for hearing is a summons for revocation and/or annulment of grant dated 17th February, 2025 seeking the following orders;(i)Spent.(ii)That this Honorable Court be pleased to revoke the grant of Letters of Administration intestate issued to the deceased petitioner herein the late Esther Chepkemoi Rugut on the 11th of July 2011. (iii)That this Honorable Court be pleased to issue a fresh grant of letters of administration intestate of the estate of the late Maritim Rugut to the applicant, Recho Chepngeno Chepkwony .(iv)That the costs of this Application be in the cause.

2. The application is supported by the grounds on the face of it and the supporting affidavit of Recho Chepngeno Chepkwony the Applicant herein.

3. She avers that she is a beneficiary of the said estate by virtue of being the daughter to the late petitioner Esther Chepkemoi Rugut (deceased) and the late Maritim Rugut to whom the present succession relates to.

4. She avers that the deceased petitioner the late Esther Chepkemoi Rugut instituted the current succession proceedings on behalf of the estate of the Late Maritim Rugut in her capacity as the administrator of the said estate and was issued with a grant of Letters of Administration intestate on the 11th of July 2011.

5. She avers that the suit commenced and the same continued until the demise of the deceased petitioner Esther Chepkemoi Rugut herein, who died on 31st February 2022.

6. She avers that the grant of letters of Administration intestate herein issued to her late mother, Esther Chepkemoi Rugut, who was the sole administrator has since become inoperative and useless following her shocking demise on 31st of February 2022. She avers that together with her sister, Sarah Chepkirui Langat, they are the surviving immediate beneficiaries with priority to administer the said estate.

7. She avers that in order for the instant succession cause to proceed, it is imperative to revoke the grant issued to her late mother, Esther Chepkemoi Rugut and a fresh grant of letters of administration intestate be issued to her, being the immediate beneficiary as per Section 66 of the Law of Succession Act.

8. She avers that her sister, the other immediate beneficiary has consented to the issuance of the letters of administration intestate to her.

9. The matter came up for inter partes hearing and the applicant stated that the application was served and there was no response and therefore the application ought to be allowed as prayed. There was no response and/or representation on the part of the respondent.

10. I have considered the application which is unopposed. I find that the sole issue for determination is whether to revoke the grant of Letters of Administration intestate issued to the deceased petitioner herein the late Esther Chepkemoi Rugut on the 11th of July 2011. In the instant application, it is evident that Esther Chepkemoi Rugut died before completion of the distribution of the estate of the late Maritim Rugut. Where a single administrator or executor dies, before completion of the succession proceedings, the appropriate direction to take is for the applicant to apply for a grant of letters of administration de bonis non. This can only be done by revoking the grant under Section 76 (e) and rule 44 of the Probate and Administration rules and paragraph 16 of the 5th schedule. Technically or legally, the grant has become useless and inoperative. In re Estate of Ngaigwo M’Shomba (Deceased)[2019] eKLR Muchemi J.observed as follows; “It is worth noting that, there is no specific provision in succession law which provides for substitution of a single deceased administrator/executor or deceased administrators or executors. In case of such a scenario Section 76 (e) This position was aptly considered in the matter of the estate of Mwangi Mugwe alias Elieza Ngware (deceased) and in the matter of the estate of Mary Wairimu Ngware (deceased) in Nairobi High Court Succession Cause No. 2018 of 2001 where Justice Khamoni dismissed an application seeking substitution of a deceased single administrator without revoking the grant first under Section 76(e).”

11. Consequently, the summons for revocation dated 17th February, 2025 is hereby allowed giving rise to issuance of the following orders:-i.The grant of letters of Administration intestate issued to the deceased petitioner herein the late Esther Chepkemoi Rugut made on the 11th of July 2011 is hereby revokedii.A fresh grant de Bonis non is issued to Recho Chepngeno Chepkwony as the administrator of the estate of Maritim Rugut, deceased.(iii)The costs of this Application be in the cause.

DELIVERED, SIGNED AND DATED AT KERICHO THIS 27TH DAY OF MARCH, 2025. ……………………………J.K. SERGONJUDGEIn the presence of:-C/Assistant – RutohKipngetich for the applicant