[2025] KEHC 10043 (KLR)

[2025] KEHC 10043 (KLR)

The High Court found that the lower court failed to adhere to the correct legal procedure in confirming the grant of letters of administration. The record did not show consent to the transmission of the estate by beneficiaries, nor did it indicate how any objections to the proposed mode of distribution were determined. The lower court unlawfully purported to partially confirm the grant without following the mandatory requirements under the Law of Succession Act and the Probate and Administration Rules. Consequently, the judgment and the resultant certificate of confirmation of grant were set aside, and the application for confirmation of grant was ordered to be heard afresh before a...

Citation
[2025] KEHC 10043 (KLR)
Parties
Appellant: Elijah Kitur; Respondent: Alice Chepkoech Kitur
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
23 June 2025
Case Number
Family Appeal E010 of 2023
Procedural Posture
Family Appeal / Judgment
Outcome
appeal allowed; lower court judgment and certificate of confirmation of grant set aside; matter remitted for rehearing before a different magistrate; no order as to costs.
Judges
JM Nang'ea
Legal Topics
Succession, Confirmation of Grant, Probate and Administration, Partial Confirmation, Distribution of Estate
Source Language
English
Family and Children Succession Confirmation of Grant Probate and Administration Partial Confirmation Distribution of Estate

Case Brief

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Parties

Elijah Kitur

Appellant

Alice Chepkoech Kitur

Respondent

Procedural Posture

Family Appeal / Judgment

Legal Issues

  1. 1 Whether the lower court erred in partially confirming the grant of letters of administration without adherence to the prescribed legal procedure.
  2. 2 Whether the lower court relied on inadmissible evidence in determining the distribution of the deceased's estate.
  3. 3 Whether the judgment of the lower court was coherent and lawful in its confirmation of the grant.

Ratio Decidendi

The High Court found that the lower court failed to adhere to the correct legal procedure in confirming the grant of letters of administration. The record did not show consent to the transmission of the estate by beneficiaries, nor did it indicate how any objections to the proposed mode of distribution were determined. The lower court unlawfully purported to partially confirm the grant without following the mandatory requirements under the Law of Succession Act and the Probate and Administration Rules. Consequently, the judgment and the resultant certificate of confirmation of grant were set aside, and the application for confirmation of grant was ordered to be heard afresh before a...

Court Disposition

appeal allowed; lower court judgment and certificate of confirmation of grant set aside; matter remitted for rehearing before a different magistrate; no order as to costs.

Orders

  • The judgment dated 19th June 2023 and the resultant Certificate of Confirmation of Grant dated 22/6/2023 are set aside.
  • The Application for Confirmation of Grant dated 4th February 2021 shall be fixed for hearing and disposal in accordance with the law before a magistrate other than D. Mosse (SRM).