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High CourtOtherSuccession Cause No. 37 of 2019· [2020] KEHC 2184 (KLR)

In the Matter of the Estate of the Late Isaack Kimaiyo Keter alias Kimaiyo Keter (Deceased) - Elisha Ksarah Jepkemboi Maiyo & Another v Sarah J Maiyo & Others

High Court of Kenya
27 October 2020
HCH. K. Chemitei
412 words in judgment
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The bottom line

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The court can issue immediate, temporary orders for assets like cars and livestock while the main estate case continues.

What this practically means

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Executive summary

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This is a directions ruling by the High Court at Kitale in Succession Cause No. 37 of 2019 concerning the estate of the late Isaack Kimaiyo Keter. Following protracted disputes among the deceased's children over movable and immovable assets, the court on 8th October 2020 directed the Deputy Registrar to visit the ground and assess the situation; her report, attended by the parties, counsel and the Local Provincial Administration, was filed to guide the court. The court expressly stated that the report was not binding. On the basis of counsel's agreement, the court issued interim directions pending substantive determination of the cause: the motor vehicle (Reg. No. KBT 940K Nissan wing road) was to be surrendered to the applicants, Elisha Maiyo and Jacob Maiyo, for use and maintenance; the 10 cows plus a heifer were to be divided with one cow to each of the 8 children of the deceased (including the house of the deceased daughter), with an extra cow each to Elisha Maiyo and Sarah Maiyo and the heifer to Sarah Maiyo; failing agreement on the division, the beneficiaries could conduct a ballot under the chairmanship of the area chief. Sarah Maiyo was directed, within 30 days, to move from her parents' home back to the home where she had lived before coming to care for her ailing parents. The court deferred the fundamental question of the land, noting the deceased had settled his children in separate portions, for substantive determination. No costs order was made.

Key legal issues

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01

Interim distribution of movable estate assets pending determination

Holding

The court directed surrender of the motor vehicle to the applicants and an equal division of cows among the 8 children, with extra cows and a heifer to Sarah Maiyo

Reasoning

Counsels for the parties agreed the court should give directions on the cows, the motor vehicle and the 1st respondent's stay at her parents' home. The court exercised its discretion to make interim arrangements pending substantive determination of the cause, including a ballot mechanism under the area chief if beneficiaries disagreed.

p. 1
02

Occupation of the parents' home by the 1st respondent

Holding

Sarah Maiyo was directed to move back to her own home within 30 days

Reasoning

The 1st respondent had moved to her parents' home to care for them while sick until their demise. The court directed her to return to the home where she lived prior to that arrangement, within 30 days of the directions.

p. 1

Legal principles established

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  • A Deputy Registrar's ground report is meant to guide the court but is not binding on it

Court orders

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  1. 1.Motor vehicle Reg. No. KBT 940K Nissan wing road be surrendered to the Applicants Elisha Maiyo and Jacob Maiyo for use and maintenance pending determination of the cause
  2. 2.One cow each to the 8 children of the deceased including the house of the deceased daughter
  3. 3.Elisha Maiyo and Sarah Maiyo to have an extra cow each, and Sarah to have the heifer as well (2 cows plus a heifer)
  4. 4.If beneficiaries do not agree on the mode of division of the cows, they may undertake a ballot under the chairmanship of the area chief
  5. 5.Sarah Maiyo to move to her home, specifically where she lived prior to coming to her parents' home, within 30 days
Jurisdiction invoked
Succession jurisdiction over the estate of the deceased (Law of Succession Act, Succession Cause No. 37 of 2019)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In the Matter of the Estate of the Late Isaack Kimaiyo Keter alias Kimaiyo Keter (Deceased) - Elisha Ksarah Jepkemboi Maiyo & Another v Sarah J Maiyo & Others", Case Analysis (2020). Succession Cause No. 37 of 2019. Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.