In re Esttae of Chepkosiom Arap Bwale (Deceased) (Succession Cause E024 of 2024) [2026] KEHC 5510 (KLR) (29 April 2026) (Ruling)

In re Esttae of Chepkosiom Arap Bwale (Deceased) (Succession Cause E024 of 2024) [2026] KEHC 5510 (KLR) (29 April 2026) (Ruling)

The Probate Court lacks jurisdiction to determine the protest as it relates to alleged sale and ownership of land, which falls within the exclusive jurisdiction of the Environment and Land Court under Article 162(2)(b) and 165(5) of the Constitution. The protest is therefore struck out.

Citation
[2026] KEHC 5510 (KLR)
Parties
Petitioner: Kipkorir Langat; Protestor: Hellen Chepngeno Terer
Court
High Court
Jurisdiction
Kenya
Judgment Date
29 April 2026
Case Number
Succession Cause E024 of 2024
Procedural Posture
Succession Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection upheld; protest struck out; each party to bear their own costs.
Legal Topics
Probate Court Jurisdiction, Estate Liabilities, Ownership of Estate Property, Environment and Land Court Jurisdiction
Source Language
English
Succession Law Jurisdiction Probate Court Jurisdiction Estate Liabilities Ownership of Estate Property Environment and Land Court Jurisdiction

Case Brief

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Parties

Kipkorir Langat

Petitioner

Hellen Chepngeno Terer

Protestor

Procedural Posture

Succession Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court (Probate Court) has jurisdiction to determine the protest relating to alleged purchase and ownership of part of the deceased’s estate
  2. 2 Whether the protestor is a liability/creditor to the deceased’s estate
  3. 3 Whether the protest was premature

Ratio Decidendi

The Probate Court lacks jurisdiction to determine the protest as it relates to alleged sale and ownership of land, which falls within the exclusive jurisdiction of the Environment and Land Court under Article 162(2)(b) and 165(5) of the Constitution. The protest is therefore struck out.

Court Disposition

Preliminary objection upheld; protest struck out; each party to bear their own costs.

Orders

  • The Preliminary Objection dated 16th July 2025 is upheld.
  • The Protest dated 23rd June 2025 is struck out.