[2020] KEHC 2659 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

SUCCESSION CAUSE NO.4 OF 2017

IN THE MATTER OF THE ESTATE OF THE LATE WILLIAM KIPROGONY KETER (DECEASED)

STEVEN BARRY CHEBOCHOK..............................1ST OBJECTOR/APPLICANT

RICHARD MALAKWEN ARAP CHEBOCHOK...2ND OBJECTOR/APPLICANT

-V E R S U S -

JONATHAN KIBAIBAI ARAP ROGONY.........1ST PETITIONER/RESPONDENT

PHILIP KIPYEGON MASON.............................2ND PETITIONER/RESPONDENT

ERICK KIBII ARAP ROGONY..........................3RD PETITIONER/RESPONDENT

COURT’S DIRECTION

1. The parties in this case entered into a consent on 5/6/2018 and subsequently the Court issued the Consent Order dated 21/6/2018 which largely settled this matter.

2. The 1st Objector/Applicant STEVEN BARRY CHEBOCHOK (from the 4th House) and the 2nd Objector RICHARD MALAKWEN ARAP CHEBOCHOK (from the 1st House) filed summons for revocation dated 24/9/2018.

3. Directions were given that the hearing of the said Summons Proceeds by way of viva voce evidence and parties were directed to file witness statements but the hearing has not taken place.

4. On 22/7/2020 this Court gave the parties a chance to have a meeting and to agree on the outstanding issues regarding the distribution of the estate.

5. This is in line with the mandate of this Court as stipulated in Article 159 of the Constitution of Kenya which includes the promotion of alternative forms of dispute resolution including reconciliation, Mediation, Arbitration and Traditional Dispute Resolution Mechanisms which do not contravene the Bills of rights or are not repugnant to Justice and morality or inconsistent with the constitution or any written law.

6. This matter was coming for mention on 16/9/2020 for further directions and on that day, minutes of the family consultative meeting held on 29/8/2020 were filed.

7. However, this Court was informed that the 1st Objector and the 4th Administrator both from the 4th House did not attend the meeting and also some beneficiaries from the 4th House were absent without apology.

8. A perusal of this file shows that the deceased herein WILLIAM KIPROGONY KETER (Deceased) died on 13/10/2005 and Succession Cause No.17 of 2007 was filed at Nakuru Law Courts which was later transferred to this Court and become Succession Cause No.4 of 2017.

9. I find that the record shows that the Certificate of Confirmation was issued on 23/6/2008 and rectified on 19/1/2009.

10. The Administrators of the Estate are:-

(i) JONATHAN KIBAIBAI ARAP ROGONY

(ii) KIPSANG ROGONY

(iii) PHILIP KIPYEGON MASON and

(iv) ERICK KIBII ROGONY

11. It is on record that the 5th House is represented by the 1st Administrator. It is the duty of the four Administrators to ensure that the Estate is distributed in accordance with the Law.

12. A majority of the beneficiaries and three of the Administrators attended the family meeting held on 29/8/2020 and it is not clear why the 1st Objector and 4th Administrator did not attend the meeting.

13. The Summons for Revocation dated 24/9/2018 which is pending hearing is supported by the Affidavit of the 2nd Objector RICHARD MALAKWEN ARAP CHEBOCHOK who attended the family meeting held on 29/8/2020 to resolve outstanding issue.

14. Since the parties did not reach a settlement this court directs that the parties file their witness statements within 14 days of this date and the hearing of the summons for revocation dated 24/9/2018 proceeds by viva voce evidence as earlier directed by this court.

15. The hearing will be on 29th October 2020 at 11A.M.

Delivered, Dated and Signed at Kericho this 2nd Day of October, 2020

A.N. ONGERI

JUDGE