High Court 1553 of 2022

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET SUCCESSION CAUSE NO. 251 OF 2001 IN THE MATTER OF THE ESTATE OF THE LATE JOHN CHERUIYOT ROTICH (DECEASED) TITUS KIPKEMOI CHERUIYOT........................................................OBJECTOR/APPLICANT CORAM: Hon. Justice R. Nyakundi M/S Chepkwony & CO. Advocates for the Petitioner Titus Kipkemoi Cheruiyot (Objector) RULING 1. JOHN CHERUIYOT ROTICH died on 9th April, 2001. His widow Josephine Cheruiyot Rotich petitioned for the grant of letters administration intestate and was issued with the certificate of confirmation of grant on 24 th October, 2002. 2. The Objector herein is a son of the deceased, he has filed summons seeking the revocation and or annulment of the said grant challenging the mode of distribution in terms of the Schedule of Distribution as appended to the Certificate of Confirmation of Grant. His main contention is that he resides on parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 46 having been allocated the same by the deceased herein. 3. From the record, it is clear that the beneficiaries had agreed on how most of the assets of the estate are to be distributed save for parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 46 which the Objector herein claims an intertest in. 4. I have, considered the law applicable in this matter and all the proposals on the mode of distribution of the estate that have been placed before me. For the reasons set out above and for equity to be achieved it is my considered view that the mode of distribution that does commend itself to the circumstances of this cause and which I hereby order is as set out below: 1) The (2) acres of land in parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 28 that had initially devolved to Titus Kipkemoi Cheruiyot shall now devolve to Josephine Cheruiyot Rotich for her life interest and thereafter it shall devolve to her children. 2) The (3.5) acres of land in parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL)46 measuring (3.5) acres that had initially devolved to Josephine Cheruiyot Rotich shall now be divided as follows; (2) acres of the said land shall devolve to Titus Kipkemboi Cheruiyot and the remaining (1.5) acres shall be devolved to Joyce Changwony Cheruiyot, Anne Chemutai Cheruiyot and Josephine Cheruiyot Rotich (To hold in trust for Kiprop Chirchir and Emmanuel Chirchir (minors) in equal shares. 3) All movables belonging to the deceased herein shall devolve to Josephine Cheruiyot Rotich. 5. Consequently, I hereby order distribution of the assets of the deceased as follows: NO. PROPERTY BENEFICIARY SHARE TEMBELIO/ELGEYO BLOCK 1.(TUIYOLUK) 28 MEASURING ACRES 11 10 JOSEPHINE CHERUIYOT ROTICH 2 ACRES TEMBELIO/ELGEYO BLOCK 2.(TUIYOLUK) 28 MEASURING ACRES 11 10 JOYCE CHANGWONY CHERUIYOT 2 ACRES TEMBELIO/ELGEYO BLOCK 3.(TUIYOLUK) 28 MEASURING ACRES 11 10 CAROLYNE CHEPKORIR CHERUIYOT 2 ACRES 4.TEMBELIO/ELGEYO BLOCK (TUIYOLUK) 28 MEASURING 11 ANNE CHEMUTAI CHERUIYOT 10 2 ACRES

page 1 of 3