[2011] KEHC 4299 (KLR)

[2011] KEHC 4299 (KLR)

The court found that the purported will produced by the objectors was invalid due to material inconsistencies in its preparation, conflicting witness accounts, and questionable authenticity of the thumb-prints. The court held that the deceased died intestate. On the question of entitlement, the court accepted the petitioner's evidence of a woman-to-woman marriage under Nandi customary law, supported by oral testimony, a written contract, and photographic evidence. The court recognized such marriages as valid under Nandi custom and held that the petitioner and her sons were entitled to inherit as dependants under s.29 of the Law of Succession Act. The objectors failed to prove their...

Citation
[2011] KEHC 4299 (KLR)
Parties
Applicant: Monica Jesang Katam; Respondent: Jackson Chepkwony; Respondent: Selina Jemaiyo Tirop
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
17 June 2011
Case Number
Succession Cause 212 of 2010
Procedural Posture
Succession Cause / Judgment
Outcome
Objection and cross-petition dismissed; grant of Letters of Administration Intestate to petitioner and co-administrator.
Legal Topics
Intestate Succession, Customary Law Marriage, Woman to Woman Marriage, Dependant Entitlement, Validity of Wills
Source Language
English
Family and Children Civil Procedure Intestate Succession Customary Law Marriage Woman to Woman Marriage Dependant Entitlement Validity of Wills

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Parties

Monica Jesang Katam

Applicant

Jackson Chepkwony

Respondent

Selina Jemaiyo Tirop

Respondent

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether the deceased died testate or intestate.
  2. 2 Whether the petitioner was validly married to the deceased under Nandi customary law (woman-to-woman marriage).
  3. 3 Whether the petitioner and her children qualify as dependants entitled to inherit under the Law of Succession Act.

Ratio Decidendi

The court found that the purported will produced by the objectors was invalid due to material inconsistencies in its preparation, conflicting witness accounts, and questionable authenticity of the thumb-prints. The court held that the deceased died intestate. On the question of entitlement, the court accepted the petitioner's evidence of a woman-to-woman marriage under Nandi customary law, supported by oral testimony, a written contract, and photographic evidence. The court recognized such marriages as valid under Nandi custom and held that the petitioner and her sons were entitled to inherit as dependants under s.29 of the Law of Succession Act. The objectors failed to prove their...

Court Disposition

Objection and cross-petition dismissed; grant of Letters of Administration Intestate to petitioner and co-administrator.

Orders

  • The objection and cross-petition are dismissed.
  • Grant of Letters of Administration Intestate of the estate of Cherotich Kimong’ony Kibserea (deceased) to Monica Jesang Katam jointly with Edward K. Cheruiyot.