In re Estate of Kipkoech Rogito alias Chebusit Arap Rogito (Deceased) (Succession Cause 52 of 2017) [2025] KEHC 18403 (KLR) (16 December 2025) (Ruling)

In re Estate of Kipkoech Rogito alias Chebusit Arap Rogito (Deceased) (Succession Cause 52 of 2017) [2025] KEHC 18403 (KLR) (16 December 2025) (Ruling)

The applicants failed to prove concealment of material facts or exclusion of beneficiaries. The proper procedure was followed, including gazettement and citation. The applicants' main contention was with the mode of distribution, which should be addressed by appeal, not revocation. The application for revocation is dismissed.

Citation
[2025] KEHC 18403 (KLR)
Parties
1st Applicant: Zipporah Cherotich; 2nd Applicant: Elizabeth Tabsabei Tesot; 1st Respondent: Recho Chebii Koech; 2nd Respondent: Alice Chelangat Korgoren
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 December 2025
Case Number
Succession Cause 52 of 2017
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant and Notice of Motion for Police Protection During Survey
Outcome
Application for revocation of grant dismissed; Notice of Motion for police protection during survey allowed.
Legal Topics
Revocation of Grant, Confirmation of Grant, Distribution of Estate, Police Protection During Survey
Source Language
English
Succession Law Revocation of Grant Confirmation of Grant Distribution of Estate Police Protection During Survey

Case Brief

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Parties

Zipporah Cherotich

1st Applicant

Elizabeth Tabsabei Tesot

2nd Applicant

Recho Chebii Koech

1st Respondent

Alice Chelangat Korgoren

2nd Respondent

Procedural Posture

Succession Cause / Ruling on Application for Revocation of Grant and Notice of Motion for Police Protection During Survey

Legal Issues

  1. 1 Whether the grant issued on 28th January 2025 should be revoked for concealment of material facts and exclusion of beneficiaries
  2. 2 Whether the OCS Silibwet Police Station should provide security for surveyors during subdivision of estate land

Ratio Decidendi

The applicants failed to prove concealment of material facts or exclusion of beneficiaries. The proper procedure was followed, including gazettement and citation. The applicants' main contention was with the mode of distribution, which should be addressed by appeal, not revocation. The application for revocation is dismissed.

Court Disposition

Application for revocation of grant dismissed; Notice of Motion for police protection during survey allowed.

Orders

  • Application for Revocation of Grant dated 6th May 2025 is dismissed.
  • OCS Silibwet Police Station to provide security for surveyors to visit and survey KERICHO/SILIBWET/541 and KERICHO/SILIBWET/621.