In re Estate of the Late Too (Deceased) (Succession Cause 6 of 2020) [2026] KEHC 2364 (KLR) (19 February 2026) (Ruling) Neutral citation: [2026] KEHC 2364 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO SUCCESSION CAUSE 6 OF 2020 JK SERGON, J FEBRUARY 19, 2026 IN THE MATTER OF THE ESTATE OF THE LATE ERNEST KIPKOECH TOO (DECEASED) BETWEEN PHILOMENA BOCHABERI KOECH ...................................................... OBJECTOR AND MOSES NGENO ...................................................................... 1ST ADMINISTRATOR LIVINGSTONE KIPKORIR KOECH ................................. 2ND ADMINISTRATOR RODAH CHELANGAT TOO ............................................... 3RD ADMINISTRATOR RULING 1. Moses Ngeno, the 1st Administrator/Applicant filed the summons dated 25th August, 2025 in which he sought for an Order authorizing and directing the Deputy Registrar of this Court to execute the transaction Form required for purposes of effecting the final distribution of the Estate of Ernest Kipkoech Too, deceased in compliance with the Certificate of Confirmation of Grant dated 14th December, 2023. 2. The Applicant swore an Affidavit he filed in support of the Summons. The application was served but it did not elicit any response. 3. I have considered the grounds set out on the face of the Summons. I have equally considered the facts deponed in the Supporting Affidavit. It is the averment of the Applicant that the 2nd Administrator has refused and or neglected to sign the transfer forms to effect final distribution of the Estate as per the Certificate of confirmation of Grant. The Applicant further averred that he has severally approached the 2nd Administrator in abide to sign the transfer forms in vain. 4. This Court is enjoined by law to ensure that the Certificate of Confirmation of Grant is implemented and have the succession process completed. In instances where an Administrator fails to execute the https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2364/eng@2026-02-19 1
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necessary documents, then the Court can step in and authorize the Deputy Registrar and or the Executive Officer to execute documents in place of the uncooperative Administrator. 5. This Court is convinced that instant Application is merited. Consequently, the Summons dated 25th August, 2025 is allowed as prayed. Each party to bear his own costs. DATED, SIGNED AND DELIVERED AT KERICHO THIS 19TH DAY OF FEBRUARY, 2026. .…………………………… J. K. SERGON JUDGE In the Presence of:C/Assistant – Rutoh No Appearance for the Petitioner Biko for the Objector https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2364/eng@2026-02-19 2
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