High Court 18732 of 2025

In re Estate of Jenifier Kabon Limo (Deceased) (Succession Cause E032 of 2022) [2025] KEHC 18732 (KLR) (3 December 2025) (Ruling) Neutral citation: [2025] KEHC 18732 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO SUCCESSION CAUSE E032 OF 2022 JK SERGON, J DECEMBER 3, 2025 IN THE MATTER OF THE ESTATE OF THE LATE J K L(DECEASED BETWEEN EMILY CHELANGAT ............................................................................. PROTESTOR AND JAMES KOECH ................................................................................. 1ST PETITIONER KOECH LIMO FRANKLINE ......................................................... 2ND PETITIONER RULING 1. The subject matter of this ruling is the Notice of Preliminary Objection dated 3rd October, 2025 taken out by the Petitioners. 2. The main issue raised as a Preliminary is that the Protestor is not a dependent within the meaning of Section 29 of the Law of Succession Act therefore lack the locus to participate in the proceedings. Parties were invited to file written submissions on the Notice of Preliminary Objection. 3. The Protestor pointed out that the Preliminary is mischievous and should be dismissed. It is argued that Section 29 of the Law of Succession Act envisages someone who was being maintained by the deceased immediately prior to her death. The Protestor further argued that their status and that of her children have not been controverted by the Petitioners and it is clear that she was and still depends on the Estate for maintenance. 4. Having considered the Preliminary and the submissions filed in opposition, this Court has come to the conclusion that the Preliminary Objection cannot succeed as it stands. 5. It would appear that evidence has to be led to establish the Preliminary Objection. The Preliminary Objection therefore lacks the evidential foundation. The same is hereby ordered dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18732/eng@2025-12-03 1

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