[2023] KEELC 17210 (KLR)
The court found that the applicant, as the legal administrator and biological son of the deceased, is entitled to protection of his late father's house. The applicant's status as a beneficiary was supported by evidence of family recognition during his upbringing, including payment of school fees and circumcision by...
Source-derived case information.
- Citation
- [2023] KEELC 17210 (KLR)
- Parties
- Applicant: Kenneth Kibiwot Mutai; Respondent: Elphas Rono Chelule
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E007 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion
- Outcome
- Notice of motion allowed; injunctive relief granted to applicant.
- Judges
- EO Obaga
- Legal Topics
- Succession Rights, Family Land Disputes, Injunctive Relief, Recognition of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenneth Kibiwot Mutai
Applicant
Elphas Rono Chelule
Respondent
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion
Legal Issues
- 1 Whether the applicant, as the legal administrator of the deceased estate, is entitled to protection of the house started by his late father.
- 2 Whether the respondent should be restrained from completing and entering the house started by the applicant's late father.
- 3 Whether the applicant is recognized as a beneficiary of the estate despite being born out of wedlock.
Ratio Decidendi
The court found that the applicant, as the legal administrator and biological son of the deceased, is entitled to protection of his late father's house. The applicant's status as a beneficiary was supported by evidence of family recognition during his upbringing, including payment of school fees and circumcision by his uncles. The respondent failed to contest the application or provide any contrary evidence. The court held that the applicant should not be denied protection or recognition at this stage, and that the respondent should be restrained from interfering with the house. The notice of motion was allowed in terms of the specified prayers, granting the applicant injunctive relief...
Court Disposition
Notice of motion allowed; injunctive relief granted to applicant.
Orders
- The respondent is restrained from proceeding to complete the house started by the applicant's late father.
- The respondent is restrained from entering the said house.
Full Case Text
Judgment text and source record
21 paragraphs
Mutai (Suing as the legal administrator of the Estate of the Late Joseph Kiptum Bitok (Deceased) v Chelule (Environment & Land Case E007 of 2023) [2023] KEELC 17210 (KLR) (15 March 2023) (Ruling)
Neutral citation: [2023] KEELC 17210 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment & Land Case E007 of 2023
EO Obaga, J
March 15, 2023
Between
Kenneth Kibiwot Mutai
Applicant
Suing as the legal administrator of the Estate of the Late Joseph Kiptum Bitok (Deceased
and
Elphas Rono Chelule
Respondent
Ruling
1. This is a ruling in respect of a notice of motion dated February 13, 2023. The Applicant contends that he is the biological son of Joseph Kiptum Bitok who died on February 9, 2009. The late Joseph Kiptum Bitok was son to Lulei Rono who is also deceased.
2. Prior to the demise of Joseph Kiptum Bitok, he had started constructing a permanent house which he did not complete. The Applicant was taken from his family and brought to his father’s family where he lived with the grandmother. His uncles paid school fees for him until when he was in form three when he dropped out of school.
3. When the Applicant’s grandmother died, he decided to put up his own house but his uncles demolished it and threw the iron sheets into the forest claiming that they did not recognize him. The Respondent who is a brother to the Applicant’s father has now started completing the house which his father had started. It is on this basis that the Applicant wants the Respondent to be stopped from proceeding to complete his father’s house and entering the same.
4. The Respondent who was served with summons to enter appearance neither entered appearance nor filed any response to the Applicant’s application. There is evidence that there have been attempts to arbitrate the issue of the Applicant who appears to have been sired out of wedlock. Some family members do recognize him as part of the family but some do not seem to recognize him.
5. The Applicant seems to be undergoing frustrations. He has nowhere to go to yet when the grandmother was alive no one seemed to raise an issue. The uncles even paid his school fees and had him circumcised. They cannot now change their minds and chase him away. The Applicant is entitled to protection and to protection of his father’s house.It is in this regard that I allow the notice of motion dated 13th February, 2023 in terms of prayers (3) (4) and (5).It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 15TH DAY OF MARCH, 2023. E. O. OBAGAJUDGEIn the virtual presence of;Ms. Lelei for Applicant.Court Assistant –LabanE. O. OBAGAJUDGE15th MARCH, 2023