REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE SUCCESSION CAUSE NO. 260 OF 2014 IN THE MATTER OF THE ESTATE OF KIBIRECH ARAP KOGO – DECEASED DINAH ROBBI SANG ...........................1ST APPLICANT DANIEL KIPSANG SABULEI.............2ND APPLICANT BENSON KIPTOO BIRECH ..............3RD APPLICANT JUDGMENT 1. The Application dated 25/1/2016 seeks to have the grant issued on 23/7/2015 revoked. The deceased died intestate and left the following beneficiaries. 1. Chebolong Taplele Kogo – 1st Widow 2. Hellen Jepkorir Mibei – Daughter 3. Rael Jepkemboi Kogo – Daughter 4. Dinah Robby Sang – Daughter 5. Daniel Kipsang Sabula – Son 6. Mary Chepsat Kogo – 2nd Widow 7. Paul Kimurgor Kogo - Son 8. Christine Jeptemba Kogo – 3rd Widow 9. Benson Kiptoo Birech 10. Annet Cherono – Son – Daughter 11. Hilary Kibet Chirchir – Son 12. Caroline Chepchumba – Daughter 13. Zeddy Chengetich – Daughter 14. Silvia Chelagat – Daughter 15. Nimrod Kiplimo – Son. 2. All the beneficiaries are adults. The deceased left behind the only asset namely Land parcel No. Waitaluk/Kapkoi Block 3 (Lolkirenget) 62 measuring 11.53 Ha. 3. The 3 administrators sought to have the same subdivided into 3 houses as per their joint affidavit sworn on 25/1/2016. Benson Kiptoo
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Birech however objected to the same arguing that the application was done secretly by Dinah Robby Sang, the first administrator. He attached copies of a family meeting which had given a road map on how the estate was to be distributed. The same is contained in his affidavit dated 15th January 2017. 4. That affidavit was respondent to by Dinah Sang vide her affidavit dated 9/3/2019 in which she rubbishes the same as it does not contain the wishes of the deceased. 5. The court has perused the mode of distribution suggested by both parties and save for some few discrepancies it appear that they have generally agreed . It appears that the issue was with the first house, where there was same disagreements between Rael Kogo who is said to be unmarried and stayed at home, whereas Dinah is married. 6. For the foregoing reason I order that the suit property namely Waitaluk/Kapkoi Block 3 Lolkeringet/62 be divided as follows;1. Catholic church – 0. 3 Acres 2. Paul Koech – 1 acre 3. Peter Koech – 1 acre 4. Florence Chengetich – 1 acre 5. Nimrod Birech – 2 acres 6. Hillary Chirchir – 2 acres 7. Benson BiRech – 2 acres 8. Christine Kogo – 5 acres 9. Levi Mukhweso – 2.5 acres 10. Hellen Mibei – 0.3 acres 11. Xaviour Kipkosgei – 0.5 acres 12. Dinah Sang – 0.5 acres 13. Wycliffe Wanjala – 0.1 acres 14. Mike Kipchumba Saina – 0.2 acres 15. John Bett - 2.5 acres 16. Rael Kogo for herself and her 9 children – 7 Acres 17. 1 Acre to be sold to offset medical expenses. 7. This being a family dispute each shall bear their respective costs. Delivered, signed and dated at Kitale this 3rd day of April, 2019. __________________ H.K. CHEMITEI JUDGE 3/04/19 In the presence of; Obwoba holding for Khisa for the Petitioner Barongo for Kigen for the Objector
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Court Assistant – Kirong Judgment read in open court.
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