David Tanui Lelei v Esther Chelangat Mutai & 1 other

In re Estate of the Late Arap Mutai (Deceased) (Succession Cause 28 of 2013) [2026] KEHC 2426 (KLR) (19 February 2026) (Ruling) Neutral citation: [2026] KEHC 2426 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO SUCCESSION CAUSE 28 OF 2013 JK SERGON, J FEBRUARY 19, 2026 IN THE MATTER OF THE ESTATE OF THE LATE LELEI ARAP MUTAI (DECEASED) BETWEEN DAVID TANUI LELEI .............................................................................. APPLICANT AND ESTHER CHELANGAT MUTAI .................................................. 1ST RESPONDENT HAMILTAN KIPKOECH TANUI ............................................... 2ND RESPONDENT RULING 1. On 5th December, 2024, this Court made an Order to have one Mike Kiprono Bosuben substitute Esther Chelangat Mutai, the 1st Petitioner herein. Esther Chelangat Mutai had passed on prompting the other Petitioners to file the Application dated 13/2/2024 to substitute the 1st Petitioner. 2. Mr. Keter, Learned Advocate for the Petitioner has urged this Court to give directions on the way forward in this cause. 3. At the time of the death of the 1st Petitioner, a partial mediation settlement agreement had been recorded and adopted as the decision of the Court. On 22/6/2022, the Court identified the following issues as outstanding:- 4. i. The Litein Property ii. The Kablaba Property and iii. The house belonging to Esther Chelangat Mutai which had been destroyed. The Court further directed that the aforestated issues be resolved by oral evidence. Parties were directed to file witness statements together with list of documents. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2426/eng@2026-02-19 1

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