In re Estate of Edwin Kiptoo Koech alias Edwin Kiptoo Arap Koech (Deceased) (Succession Cause 59 of 2020) [2023] KEHC 3608 (KLR) (26 April 2023) (Ruling) Neutral citation: [2023] KEHC 3608 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET SUCCESSION CAUSE 59 OF 2020 RN NYAKUNDI, J APRIL 26, 2023 N THE MATTER OF THE ESTATE OF EDWIN KIPTOO KOECH ALIAS EDWIN KIPTOO ARAP KOECH (DECEASED) RULING 1. 2. Before me are Summons for Confirmation of Grant dated September 16, 2021 in which the Applicant, Titus Sorobit Kiptoo seeks orders that: 1. That the grant of letters of administration intestate granted to Salina Jeptum Keny and Titus Sorobiot Kiptoo on November 19, 2020 be hereby confirmed. 2. That costs of this application be provided for. The application is premised on the grounds therein and it is further supported by the affidavit sworn by the Titus Sorobit Kiptoo on September 16, 2021. The Applicant’s Case 3. The Applicant is one of the administrators of the estate of the late Edwin Kiptoo Koech Alias Edwin Kiptoo Arap Koech who died intestate on January 29, 2012 and the grant of letters of administration intestate was made to him on November 19, 2020. That six months have lapsed since the said grant was issued and that there is no estate duty payable in respect to the estate herein. 4. The Applicant deposed that deceased died intestate and was survived by the following persons: https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 1
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JEbore Koech Widow Deceased Salina Jeptum Keny Widow Adult Titus Sorobit Kiptoo Son Adult Eliud Ngetich Son Adult Erick Kiprono Too Son Adult Thomas Koech Son Deceased Magdaline Jebet Daughter Adult Rael Jelagat Kiptoo Daughter Adult Mirriam Jerotich Koech Daughter Adult Moses Kipkorir Koech Son Adult Jonah Koech Son Adult Ruth Jeruto Koech Daughter Adult Mercy Sorobit Daughter Adult Naomi Jelimo Daughter Adult Bethwel Kirwa Son Adult Jahazel Cheruiyot Son Minor Noadiah Chebet Daughter In Law Adult Bethuel Kibet Sorobiot Grandson Adult Gilbert Kiplagat Grandson Adult Nancy J Cheptirim Purchaser Adult Wycliffe Mulikau Angolo Purchaser Adult Loilo Eruwan Eregae Purchaser Adult Joel K Kuragt Purchaser Adult Sammy Kiplimo Melly Purchaser Adult Isaac Kipkoech Kosgei Purchaser Adult https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 2
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Edwin Kiplagat Biwott Purchaser Adult Barnaba Kipkemboi Chumba Purchaser Adult Samson Kimutai Komen Purchaser Adult Gilbert Kibirir Kulei Purchaser Adult Kibet Arap Rop Purchaser Adult Wilfred Kiptanui Kipngetich Purchaser Adult Mathew Kipsom Lemlem Purchaser Adult Nixon Kipkorir Chelimo Purchaser Adult Benjamin Cheruiyot Purchaser Adult Caleb Chepkwony Purchaser Adult Hosea Kiptanui Maiyo Purchaser Adult Cornelious Kiptoo Purchaser Adult Jeol Kiptoo Misoi Purchaser Adult Daneil Kipkemboi Tanui Purchaser Adult Kenneth Kipkoech Malakwen Purchaser Adult Risper Jelagat Tomno Purchaser Adult Sammy Kipngetich Keter Purchaser Adult Philip Kipnyango Bitok Purchaser Adult Isaac Kiptalam Chebet Purchaser Adult Hellen Jerotich Kimeli Purchaser Adult Maureen Jeptoo Ng’ososei Purchaser Adult Dickson Kiprono Kiptaraus Purchaser Adult Irene Tirop Purchaser Adult Simeon Some Kebenei Purchaser Adult Joseph Kiptarus Mutai Purchaser Adult Kipchirchir https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 3
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Philemon Kipkemboi Purchaser Adult Isaac Chebor Purchaser Adult Nicholas Kiprotich Bunei Purchaser Adult Job Chepyegon Purchaser Adult Julius Kiplangat Yego Purchaser Adult Joel Kipketer Tenai Purchaser Adult Lucy Chepkosgei Tanui Purchaser Adult James Kibet Lagat Purchaser Adult Samuel Cheruiyot Ruto Purchaser Adult Isaac Kiprotich Samoei Purchaser Adult Samwel Kipsang Mutai Purchaser Adult Emily Jepchirchir Bett Purchaser Adult Petrolina Jesang Kipchoge Purchaser Adult Tereza Chepkemoi Sugut Purchaser Adult Tonny Kimutai Cheruiyot Purchaser Adult Joseph Kiplimo Meli Purchaser Adult James Tirop Atwele Purchaser Adult Lucy Cherop Sambu Purchaser Adult Mary Jepchumba Kibor Purchaser Adult Gabriel Mamett Purchaser Adult Korir Kibiegon Amos Purchaser Adult John Maitui Onon Purchaser Adult David Busienei Purchaser Adult Ezekiel Kipruto Kimosop Purchaser Adult Ruth Jebet Chelimo Purchaser Adult https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 4
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Peter Kipchirchir Muati Purchaser Adult Samuel Kiplagat Koech Purchaser Adult Sammy Kiprono Chesanga Purchaser Adult Samuel Kiplagat Arusei Purchaser Adult Robert Kibet Kigen Purchaser Adult Langat Henry Purchaser Adult Christine Jeruiyot Keitany Purchaser Adult Geoffrey Kipkemoi Mutai Purchaser Adult Philomen Kimutai Kemboi Purchaser Adult Silvester Kipchirchir Boit Purchaser Adult Henry Kiprono Yego Purchaser Adult Pauline Chepleting Bor Purchaser Adult Lilian Jepkoech Purchaser Adult Josphat Sang Purchaser Adult Eunice Chepkorir Rotch Purchaser Adult Eliud Kiptoo Koech Purchaser Adult Haron Kiplagat Kimwal Purchaser Adult Paul Kipkoech Rop Purchaser Adult Gilbert Rop Metto Purchaser Adult Elena Jepchai Kirior Purchaser Adult David Kiplagat Cheruiyot Purchaser Adult Paul Kipkemoi Korir Purchaser Adult Peter Kibet Kiptim Purchaser Adult Susan Jemtai Korir Purchaser Adult Robert Kipkemei Purchaser Adult https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 5
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Isaac Cheruiyot Purchaser Adult Henry Kiprono Bor Purchaser Adult David Tarus Chemei Purchaser Adult Nathan Kibet Mutai Purchaser Adult Samuel Kipkorir A Koech Purchaser Adult Enock Kiplagat Tumo Purchaser Adult Susan Akinyi Akello Purchaser Adult Allan Kipruto Sigilai Purchaser Adult Julius Kamaiyo Kibet Purchaser Adult Wilson Kiprop Lagat Purchaser Adult John Mwibanda Wesonga Purchaser Adult Collins Kipkoech Seur Purchaser Adult John Kiprono A Kirui Purchaser Adult Carolyne Jerotich Koech Purchaser Adult Douglas Kipkemboi Purchaser Adult William Kipyego Sawe Purchaser Adult Ruth Jepchirchir Kiplagat Purchaser Adult Julius Kipkalia Yator Purchaser Adult Julius Kiprotch Bett Purchaser Adult Denis Kimuati Ronoh Purchaser Adult Susan Chepchirchir Kirui Purchaser Adult Rashid Kibiwott Hassan Purchaser Adult Benjamin Ngengoi Kiprop Purchaser Adult Sylvia Jelimo Chemjor Purchaser Adult Henry Kipkesio Rop Purchaser Adult https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 6
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5. Chesang Kipkurui Charles Purchaser Adult Abraham Kipsang Purchaser Adult Irene Jepkemei Kemboi Purchaser Adult Bethuel Kiplagat Rugut Purchaser Adult Rose Jerotich Maina Purchaser Adult Lena Jepngetich Yego Purchaser Adult Duncan Kipchirchir Kosgei Purchaser Adult Joseph Kipchumba Kitur Purchaser Adult Stanely Kipkosgei Kemboi Purchaser Adult Jacob Hagai Kipkorir Purchaser Adult Felister Wanyoike Purchaser Adult Xavier Murgor Kosgei Purchaser Adult Bismark Kibet Purchaser Adult Abraham Barno Purchaser Adult Stellah Rotich Purchaser Adult Sharon Chepkorir Kipkalia Purchaser Adult Julius Kipkoros Mutai Purchaser Adult Chelangat Joyce Korir Purchaser Adult Sarah Serem Purchaser Adult The Applicant proposes that estate of the deceased known as LR NO Cheptiret/Cheplaskei BLK 5 (Chemenei) 87 be distributed as follows: https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 7
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No. S Name Share 1 Salina Jeptum Keny 5.42ha Share Equally Titus Sorobit Kiptoo 2 Titus Sorobit Kiptoo 2.70ha 3 Nancy J Cheptirim 0.202ha 4 Wycliffe Mulikau Angolo 0.728ha 5 Loilo Eruwan Eregae 0.202ha 6 Joel K Kuragt 1.618ha 7 Sammy Kiplimo Melly 0.202ha 8 Isaac Kipkoech Kosgei 0.445ha 9 Edwin Kiplagat Biwott 0.404ha 10 Barnaba Kipkemboi Chumba 0.404ha 11 Samson Kimutai Komen 0.404ha 12 Gilbert Kibirir Kulei 0.486ha 13 Kibet Arap Rop 1.01ha 14 Wilfred Kiptanui Kipngetich 1.618ha 15 Mathew Kipsom Lemlem 0.425ha 16 Nixon Kipkorir Chelimo 0.202ha 17 Benjamin Cheruiyot 0.404ha 18 Caleb Chepkwony 0.142ha 19 Hosea Kiptanui Maiyo 0.404ha 20 Cornelious Kiptoo 0.12ha 21 Joel Kiptoo Misoi 0.202ha 22 Daneil Kipkemboi Tanui 0.12ha Kipchirchir https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 8
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23 Kenneth Kipkoech Malakwen 0.283ha 24 Risper Jelagat Tomno 0.101ha 25 Sammy Kipngetich Keter 0.81ha 26 Philip Kipnyango Bitok 0.081ha 27 Isaac Kiptalam Chebet 0.81ha 28 Hellen Jerotich Kimeli 0.404ha 29 Maureen Jeptoo Ng’ososei 0.202ha 30 Dickson Kiprono Kiptaraus 0.162ha 31 Irene Tirop 1.618ha 32 Simeon Some Kebenei 1.21ha 33 Joseph Kiptarus Mutai 0.890ha 34 Philemon Kipkemboi 0.202ha 35 Isaiah Chebor 1.699ha 36 Nicholas Kiprotich Bunei 2.549ha 37 Job Chepyegon 0.81ha 38 Julius Kiplangat Yego 0.850ha 39 Joel Kipketer Tenai 1.618ha 40 Lucy Chepkosgei Tanui 0.404ha 41 James Kibet Lagat 0.121ha 42 Samuel Cheruiyot Ruto 1.699ha 43 Samuel Cheruiyot Ruto 1.618ha 44 Isaac Kiprotich Samoei 3.64ha 45 Samwel Kipsang Mutai 0.526ha 46 Emily Jepchirchir Bett 0.81ha 47 Petrolina Jesang Kipchoge 1.295ha https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 9
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48 Tereza Chepkemoi Sugut 0.202ha 49 Tonny Kimutai Cheruiyot 0.283ha 50 Joseph Kiplimo Meli 1.618ha 51 Joseph Kiplimo Meli 0.046ha 52 James Tirop Atwele 0.485ha 53 Lucy Cherop Sambu 0.81ha 54 Mary Jepchumba Kibor 1.295ha 55 Gabriel Mamett 1.21ha 56 Korir Kibiegon Amos 0.404ha 57 John Maitui Onon 0.445ha 58 David Busienei 0.81ha 59 Ezekiel Kipruto Kimosop 1.121ha 60 Ezekiel Kipruto Kimosop 1.21ha 61 Peter Kipchirchir Muati 0.688ha 62 Samuel Kiplagat Koech 0.404ha 63 Sammy Kiprono Chesanga 0.81ha 64 Samuel Kiplagat Arusei 0.890ha 65 Robert Kibet Kigen 0.607ha 66 Langat Henry 0.81ha 67 Christine Jeruiyot Keitany 1.618ha 68 Geoffrey Kipkemoi Mutai 0.607ha 69 Philomen Kimutai Kemboi 0.081ha 70 Silvester Kipchirchir Boit 1.01ha 71 Henry Kiprono Yego 0.202ha 72 Pauline Chepleting Bor 0.202ha https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 10
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73 Lilian Jepkoech 0.404ha 74 Josphat Sang 0.607ha 75 Eunice Chepkorir Rotch 0.234ha 76 Eliud Kiptoo Koech 1.01ha 77 Haron Kiplagat Kimwal 0.607ha 78 Paul Kipkoech Rop 0.202ha 79 Gilbert Rop Metto 0.607ha 80 Elena Jepchai Kirior 0.081ha 81 David Kiplagat Cheruiyot 0.12ha 82 Paul Kipkemoi Korir 0.1618ha 83 Peter Kibet Kiptim 0.607ha 84 Susan Jemtai Korir 0.404ha 85 Robert Kipkemei 1.052ha 86 Eunice Chepkorir Rotich 0.8498ha 87 Isaac Cheruiyot 0.081ha 88 Moses Kipkorir Koech 1.65ha 89 Henry Kiprono Bor 0.202ha 90 David Tarus Chemei 1.21ha 91 Nathan Kibet Mutai 1.618ha 92 Samuel Kipkorir A Koech 0.404ha 93 Enock Kiplagat Tumo 0.404ha 94 Susan Akinyi Akello 0.404ha 95 Allan Kipruto Sigilai 0.12ha 96 Julius Kamaiyo Kibet 0.526ha 97 Wilson Kiprop Lagat 0.202ha https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 11
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98 John Mwibanda Wesonga 2.873ha 100 Collins Kipkoech Seur 0.263ha 101 John Kiprono A Kirui 1.618ha 102 Carolyne Jerotich Koech 0.607ha 103 Douglas Kipkemboi 0.32ha 104 William Kipyego Sawe 0.81ha 105 Ruth Jepchirchir Kiplagat 0.404ha 106 Julius Kipkalia Yator 0.404ha 107 Julius Kiprotch Bett 0.404ha 108 Denis Kimuati Ronoh 0.38ha 109 Denis Kimuati Ronoh 0.202ha 110 Denis Kimuati Ronoh 0.38ha 111 Susan Chepchirchir Kirui 0.06ha 112 Rashid Kibiwott Hassan 0.404ha 113 Benjamin Ngengoi Kiprop 1.618ha 114 Sylvia Jelimo Chemjor 0.202ha 115 Henry Kipkesio Rop 0.688ha 116 Henry Kipkesio Rop 2.02ha 117 Chesang Kipkurui Charles 0.607ha 118 Abraham Kipsang 0.081ha 119 Irene Jepkemei Kemboi 0.607ha 120 Irene Jepkemei Kemboi 0.607ha 121 Bethuel Kiplagat Rugut 2.02ha 122 Rose Jerotich Maina 0.81ha 123 Nathan Kibet Mutai 0.081ha https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 12
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124 Jacob Hagai Kipkorir 0.607ha Share Equally Felister Wanyoike 125 Xavier Murgor Kosgei 0.202ha 126 Bismark Kibet 0.202ha 127 Abraham Barno 0.046ha 128 Stellah Rotich 0.046ha 129 Bethuel Kibet Sorobiot 0.069ha 130 Sharon Chepkorir Kipkalia 0.046ha 131 Kibet Arap Rop 1.21ha 132 Joseph Kiplimo Melly 0.046ha 133 Ezekiel Kipruto 0.046ha Ruth Jebet Chelimo Share Equally 134 Gilbert Rop Metto 0.046ha 135 Denis Kimutai Ronoh 0.069ha 136 Henry Kipkesio Rop 0.046ha 137 Salina Cheptum Keny 0.069ha Johan Koech Share Equally Noadiah Chebet 6. Julius Kipkoros Mutai 0.046ha Chelangat Joyce Korir 0.404ha Korir Kipyegon Amos Share Equally The Applicant further proposes that estate of the deceased known as LR NO Cheptiret/Cheplaskei BLK 2 (Chemenei) 12 be distributed as follows: https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 13
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No. S Name Share 1 Salina Cheptum Keny 4.04ha 2 Lena Jepngetich Yego 0.607ha 3 Duncam Kipchirchir Kosgei 0.404ha 4 Joseph Kipchumba Kitur 0.404ha 5 Stanley Kipkosgei Kemboi 0.607ha 6 Johah Koech 2.55ha 7 Sarah Serem 0.81ha The 1st Petitioner’s/ Respondent’s Case 7. The application is opposed by Salina Jeptum Keny, the 1st Petitioner vide her affidavit of protest dated September 23, 2022. 8. The Respondent does not agree with proposed mode of distribution by the Applicant. 9. The Respondent maintains that the deceased herein was married to two wives, herself and one Nelly Chebore Koech (Deceased). 10. The Respondent deposed that she and the deceased solemnized their marriage on November 23, 1991 after the death of his first wife in the year 1990. That the deceased had (10) children with the first wife and (5) children with her. 11. The Respondent further maintains that the deceased herein owned two parcels of land which are the subject of distribution in this cause. Further that at the time of their marriage the she and the deceased resided in the house he had earlier on built which house she and her children continue to occupy to date. 12. The Respondent is aware that the during the lifetime of the deceased he sold portions of land constituting part of the estate. 13. According to the Respondent some of the beneficiaries from the 1st House have since sold portions of the estate of the deceased’s estate after his demise. The Respondent admits to also having sold a portion of the estate so as to enable her meet her children’s basic needs as they all solely depended on the deceased during his lifetime. 14. The Respondent contends that selling land belonging to a deceased person after his demise and before obtaining the grant is null and void ab nitio. The Respondent proposes that the purchasers who bought land from the deceased be deemed as beneficiaries and that the said purchasers do provide the requisite sale agreements as proof of their claims. 15. The Respondent proposes that the purchasers who purchased land after the death of the deceased herein do await the identification of the share of their vendors who will then effect transfers in their favour. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 14
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16. The Respondent wants the net residue estate to be identified first before the estate of the deceased can be distributed to the rightful beneficiaries. 17. According to the Respondent there is a likelihood of some of the beneficiaries being disadvantaged as others may have sold more than what would be their legal entitlement hence amounting to a miscarriage of justice. 18. The Respondent wants the estate to be distributed equally between the two houses in line with the provisions of Section 40 of the Law of Succession Act. Determination 19. 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. 20. From onset I must mention it is not in dispute that the deceased herein was a polygamous man having married two wives being the 1st Petitioner/Respondent herein and one Nelly Chebore Koech (Deceased). 21. From the facts presented before this Court is not also in dispute that during his lifetime the deceased sold part of the land forming his estate to third parties. 22. By admission both the Applicant and the Respondent have stated that they have intermeddled with estate of the deceased after his demise. That they have both sold part of the land forming the estate to third parties. 23. The Applicant herein wants the estate of the deceased to be distributed as per the above mode of distribution whereas the Respondent wants the estate to be distributed in accordance with the provisions of Section 40 of the Law of Succession Act. 24. While appreciating that part of the land forming the estate of the deceased had be sold. From the Applicant’s proposed mode of distribution am not able to established from the long list of persons listed as purchasers which of the said purchasers are bona fide purchasers and those who are not. 25. Having found so, it is evident from the record that the parties herein do not agree on the mode of distribution that should be adopted by the Court in devolving the deceased’s estate to the respective beneficiaries. 26. The law that guides this Court in such matters is Section 40 of the Law of Succession Act which primarily provides as follows; 27. (1) 'Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate, shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children. (2) The distribution of the personal and household effects and the residue of the net interest within each house shall then be in accordance with the rules set out in sections 35 to 38' The Court in Re Estate Of John Musambayi Katumanga – Deceased [2014] eKLR held as follows: 'The spirit of Part V, especially Sections 35, 38 and 40, is equal distribution, of the intestate estate amongst the children of the deceased. There have been debates on whether the distribution should be equal or equitable. My reading of these provisions is that they https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 15
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envisage equal distribution for the word used in Sections 35(5) and 38 is ‘equally’ as opposed to ‘equitably’. This is the plain language of the provisions. The provisions are in mandatory terms – the property 'shall be equally divided among the surviving children.' Equal distribution is envisaged regardless of the ages, gender and financial status of the children.' 28. Further, In the Matter of the Estate of Nelson Kimotho Mbiti (Deceased) HCSC NO 169 of 2000, Koome J, directed that the estate of a polygamist be divided in accordance with the provisions of Section 40 of the Act. The estate was divided into units according to the number of children in each house with the widows being added as additional units. The same reasoning was also applied by Judge Ali Roni in the Estate of Ainea Masinde Walubengo (Deceased) (2017) eKLR stating that 'I am of the view that Section 40 of the Law of Succession Act will apply to the circumstances of this Case. Meaning that the Court will distribute the estate of the deceased according to each house taking into account the number of children in each unit including the surviving widow.' 29. At this juncture it worth pointing out that Article 27 of the Constitution 2010 provides that every person is equal in the eyes of the law and before the law; and the Article goes further to state that there should be no discrimination on any ground including gender which encompasses marital status; the Constitution does not allow discriminatory rules and customs in matters of personal law, including inheritance. 30. There ought to be no classification into categories of male, female, married or unmarried; there ought to be no discrimination against the male or female children of a deceased person; nor discrimination between the married daughters and unmarried daughters of a deceased person. 31. Accordingly, as the parties were unable to agree on the distribution, I direct that the estate of the deceased be distributed as follows: a. That LR NO Cheptiret/Cheplaskei BLK 5 (Chemenei) 87 be distributed to the 1st House and 2nd House and be shared equally to the beneficiaries. Where a beneficiary is dead their respective share to be translated to a nominee in their estate. b. That LR NO Cheptiret/Cheplaskei BLK 2 (Chemenei) 12 be distributed to the 1st House and 2nd House and be shared equally to the beneficiaries. Where a beneficiary is dead their respective share to be translated to a nominee in their estate. c. The County Surveyor, Uasin Gishu County to conduct a survey for purposes of distributing parcels of land known as LR NO Cheptiret/Cheplaskei BLK 5 (Chemenei) 87 and LR NO Cheptiret/Cheplaskei BLK 2 (Chemenei) 12 respectively to the bona fide purchasers who meet the criteria in Section 93 of the Law of Succession Act. d. Costs of the survey to be borne by the estate. e. The grant of letters of administration granted to Salina Jeptum Keny And Titus Sorobit Kiptoo on November 19, 2020 be and is hereby confirmed. The Administrators do provide an addendum particularizing the number of beneficiaries in each unit. f. Each party shall bear its own costs noting that the claim herein is a succession cause involving members of one family. It is ordered so. DATED AND DELIVERED AT ELDORET THIS 26TH DAY OF APRIL, 2023. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 16
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………………………………….. R.NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3608/eng@2023-04-26 17
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