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Original judgment

Zachariah Kipkorir Ngeno v Christine Chemutai Ngeno

In re Estate of Paul Kipngeno Chumo (Deceased) (Succession Cause 133 of 2007) [2025] KEHC 18730 (KLR) (3 December 2025) (Ruling) Neutral citation: [2025] KEHC 18730 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO SUCCESSION CAUSE 133 OF 2007 JK SERGON, J DECEMBER 3, 2025 IN THE MATTER OF THE ESTATE OF THE LATE PAUL KIPNGENO CHUMO (DECEASED) BETWEEN ZACHARIAH KIPKORIR NGENO .................................................... PETITIONER AND CHRISTINE CHEMUTAI NGENO ................................................... RESPONDENT RULING 1. 2. The subject matter of this ruling is the application dated 28th November, 2023 in which Christine Chemutai Ngeno, the Applicant herein sought for the following Orders:i. That this application be certified extremely urgent and service of this summons be dispensed with in the first instance. ii. That this Honourable Court be pleased to compel the Respondent to render a true, proper and comprehensive account of their administration of the Estate of the deceased Paul Kipngeno Chumo pursuant to the Confirmed Certificate of Grant dated 16th March, 2022. iii. That upon grant of prayer 2 above, this Honourable Court be pleased to direct the Respondent to present before Court the Original Title documents as per the inventory and account of administration. iv. That this Honourable Court be pleased to grant any other such orders as it may deem fit for the ends of justice to be met. The Applicant swore an Affidavit she filed in support of the application. The application did not attract any responses from the 1st Petitioner/Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18730/eng@2025-12-03 1

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3. I have considered the grounds stated on the face of the summons plus the facts deponed in the Supporting Affidavit. It is the averment of the applicant that the 1st Petitioner/Respondent has proceeded to allocate and cause transfer of the estate to persons that were never provided for in the Certificate of Confirmation of Grant. 4. She also averred that she is apprehensive that the Respondent has left out some of the beneficiaries as per the Certificate of Confirmation of Grant and instead allocated shares to strangers. 5. For the above reasons, the applicant stated that there is urgent need for the Respondent to provide true, accurate and comprehensive inventory of how he has distributed the Estate. 6. With respect, I am persuaded by the Applicant that it is necessary to issue the Order for account on the part of the Respondent. 7. In the end, the Chamber Summons dated 28th November, 2025 is found to be meritorious. It is allowed giving rise to issuance of the following Orders:i. The Respondent namely: Zacharia Kipkorir Ng’eno is ordered and directed to render a true, proper and comprehensive account of the administration of the estate of Paul Kipngeno Chumo, Deceased pursuant to the confirmed Certificate of Grant dated 16th March, 2022 within 45 days from the date hereof. ii. The Respondent is further directed to appear before this Court on 11/02/2026 to present title documents as per the inventory and account of administration. DATED, SIGNED AND DELIVERED AT KERICHO THIS 3RD DAY OF DECEMBER, 2025. …………………………… J. K. SERGON JUDGE In the Presence of:C/Assistant – Rutoh Miss Kirui holding brief for Kirui for Petitioner Mwita for the Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18730/eng@2025-12-03 2

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