In re Estate of the Late Maina (Deceased) (Succession Cause 322 of 2007) [2026] KEHC 2423 (KLR) (19 February 2026) (Ruling) Neutral citation: [2026] KEHC 2423 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO SUCCESSION CAUSE 322 OF 2007 JK SERGON, J FEBRUARY 19, 2026 IN THE MATTER OF THE ESTATE OF THE LATE JOHANA MACHI A. MAINA (DECEASED) BETWEEN ESTHER MAINA .............................................................................. 1ST PETITIONER JULIUS KIBET KIRUI .................................................................... 2ND PETITIONER AND ELISHA KIRUI ..................................................................................... 1ST OBJECTOR EUNICE KIRUI .................................................................................... 2ND OBJECTOR DAVID K KIRUI .................................................................................. 3RD OBJECTOR BENARD K KIRUI .............................................................................. 4TH OBJECTOR MARY CHEPNGENO MAINA .......................................................... 5TH OBJECTOR RULING 1. This Succession Cause was gazette on 16th November, 2007. The notice clearly indicated that Esther Cheptoo Maina and Kirui Julius Kibet had petitioned to be issued with Letters of Administration in respect of the Estate of Johana Machii A. Maina, deceased. 2. On 14/12/2007, Elisha Kipkorir Kirui, Eunice Chelangat Kirui, David Kiplangat Kirui Bernard Kimutai Kirui and Mary Chepngeno Maina lodged an Objection against the Application for Grant. The Objection proceedings has not been heard. No Grant has so far been issued. 3. On 29th July, 2024, the dispute was referred to a Panel of elders (i.e. AJS) under the Chairmanship of a retired Assistant Chief of Kapkugerwet Sub-Location. The Elders sat and deliberated over the matter and came to the conclusion that the deceased distributed his property inter vivos. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2423/eng@2026-02-19 1
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4. It is clear that the dispute which the Elders were to determine whether the Petitioners should be appointed as Administrators of the Estate. It is only after the Administrators have been appointed that an Application for Confirmation of Grant can be filed. The Elders’ decision has not resolved the question as to who should be appointed as the Administrator(s) of the deceased Estate. 5. This Court has been asked to make an order adopting the Elders’ decision as its decision. I do not think it is appropriate to grant the Order at this state. Consequently, I defer my decision on whether or not to adopt the Elders’ decision until after a decision on appointment of Administrators is done and until an Application of Confirmation is filed. 6. This cause should therefore be fixed for hearing of the Objection to Application for Grant. The same is fixed for hearing on 21/4/2026. DATED, SIGNED AND DELIVERED AT KERICHO THIS 19TH DAY OF FEBRUARY, 2026. .…………………………… J. K. SERGON JUDGE In the Presence of:C/Assistant – Rutoh Miss Cherono for the 2nd Objector & 1st Petitioner https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2423/eng@2026-02-19 2
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