Philemon Kipkoros Langat v Timothy Kiprono Langat & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO SUCCESSION CAUSE 16 OF 2002 IN THE MATTER OF ESTATE OF PHILEMON KIPKOROS LANGAT ….....…………………. DECEASED AND TIMOTHY KIPRONO LANGAT…….…………………} 1ST PETITIONER CALEB KIPLANGAT KORIR ………………………..} 2ND PETITIONER FAITH CHELANGAT ……….......…………………..} 3RD PETITIONER RULING Confirmation of Probate of grant of letters 1: Summons for confirmation of grant dated 20th May, 2009 1. The deceased Philemon Kipkoros Langat was aged 56 years old at the time he passed away on the 22nd November, 2000 having succumbed to cancer. 2. He was married to two women- Rebecca Langat and Leah Tugutwa. A third alleged wife attempted to be included in the share of the estate as the widow. This was rejected by court (Koome J) on grounds that she was never a widow to the deceased and having lived eleven months prior to the deceased passing away. 3. Visram J issued grant of temporary letters of administration on 25th June, 2002 and a Kenya Gazette Notice published on 19th February, 2002. 4. The application of 20th May, 2009 prayed grant be confirmed. III: Findings 5. Apportionment under section 40 (1) of the Law of Succession requires that the property under a polygamous system of marriage be divided according to houses and the number of children therein. 6. The parties divided and apportioned the deceased assets equally to be held in trust by this

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