Joseph M Muthumbi v David Kattam & 15 Others

2. v. Dorothy Bomett-0.47 Acres vi. BAptist Churcii Tuiyobei-0.47 Acres vii. Gabriei Kenduiywo-0.96 Acres viii. Hillary Kiplagat-0.13 acres ix. Asbel Kipchirchir Rongoei-0.19 acres x. Leonard Kiptum Kimutai-0.13 acres xi. Alvin Titus Kipturchi-0.50 acres xii. Amos Kipketer Koech-1.51 Acres xiii. Nicholas Korir Kibet-1.89 acres xiv. Richard Kipkemboi Kimutai-0.93 acres xv. Miriam Jelagat Maina-0.13 acres xvi. Margaret Jemutai TonuI – 0.94 Acres xvii. Titus Kipkorir Saina - 2.06 Acres d. This Honourable Court be pleased to refer this matter to court annexed mediation in order to facilitate amicable settlement of the issues in question. e. That costs of this application be provided for. The Application is made on the following grounds; a. The Applicants herein are purchasers of the parcel of land known as Plateau/ Plateau Block 2 (Uasin Gishu)/6 measuring 8.251 Ha which forms part of the free property of the deceased (hereinafter referred to as “the estate property".) b. Upon purchasing the said property, the Petitioner who is the duly appointed administrator of the estate of the deceased put the Applicant s in possession of their respective portions of the estate property and they are in possession to date. c. The Petitioner obtained grant of letters of administration in respect of the estate of the deceased on 26May 2015 and the same was confirmed on 23rd May 2024 without the involvement of the Applicants who are creditors and/ or liabilities of the estate of the deceased. d. As purchasers of the estate property, the Applicants are entitled to have their respective portions as enumerated above to be transmitted and registered in their names. e. The Petitioner has made attempts to re-enter the estate property with a view of transmitting the same to third parties who have no stake or interest in the same and the Applicants are therefore apprehensive that he may proceed to transfer, alienate, dispose of and/or sell the estate property to their detriment if preservatory orders are not issued. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4721/eng@2026-04-14 2

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f. It is therefore in the interests of justice that the estate property be preserved and safeguarded pending the hearing and determination of this summons. Decision 3. During the pendency of these proceedings pursuant to Article 159 (2)(c) as read with Section 59(B) of the Civil Procedure Act the beneficiaries in the presence of their Advocates moved the court to have the matter referred to Court-annexed Mediation forum. The outcome of that mediation was a full mediation settlement agreement on 2/2/2026 with the following covenants; i. That both parties attended mediation session and stated as: deceased Zipporah Wachuka Muthumbi who died on 21st august 1992 and buried at Kamukunji cemetery on 27/8/1992 within Uasin Gishu county. ii. That the deceased Zipporah Muthumbi was not married but had children namely ESther Muthoni- Deceased. iii. That the family chose the following as their administrators; iv. a. Joseph Muthee Muthumbi- 65 years old b. Jane Wachuka That the deceased left behind the following assets during her demise; * Eldoret/municipality block 16 (Kamukunji)/328- 0.0507 Ha * Plateau/Plateau Block 2 (Uasin Gishu)/6- 20 Acres v. Annexed is their distribution of both the assets in different forms with their names, age and ID numbers Plateau/Plateau BLK2 (Uasin Gishu)/6 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4721/eng@2026-04-14 3

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Name Share Age ID No. David Kattam 2.27 Acres 49 21XXXX Amos Koech Kipketer 1.51 Acres 48 20XXXX Victor Kibet Kipchumba 0.24 Acres 30 33XXXX Titus Rotich 0.24 Acres Francisca Bomett 0.47 Acres 54 11XXXX Dorothy Bomett 0.47 Acres 52 128XXXX Gabriel Kenduiywo 0.96 60 10XXXX Hillary Kiplagat 0.13 32 30XXXX Asbel Kipchirchir 0.19 31 33XXXX 26 37XXXX Abigael Jesang Leonard Kimutai Kiptum 0.13 32 31XXXX Alvin Kipturchi Titus 0.50 43 24XXXX Nicholas Korir Kibet 1.89 47 21XXXX Richard Kipkemboi Kimutai 0.93 53 11XXXX Miriam Maina Jelagat 0.13 57 93XXXX Margaret Tonui Jemutai 0.94 50 21XXXX Titus Saina Kipkorir 2.06 59 99XXXX Joyce Chepnwetich Langat 4.83 47 21XXXX https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4721/eng@2026-04-14 4

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Simion Chumba Tirop 0.47 53 11XXXX Jeremiah Kigen Kitarus 1.92 66 12XXXX Eldoret/Municipality Block 16 (Kamukunji)/328 Name Share Age ID. No Joseph Muthee Muthumbi 0.02535 65 49XXXX Joyce Wachoka Muthumbu 0.02535 42 22XXXX 3 27XXXX Joseph Muthumbi 4. M. This full mediation agreement settles the entire estate and reviews the certificate of confirmation of grant dated on 23rd May 2024. Mediation is a vital alternative dispute resolution mechanism focusing on confidentiality, cost effectiveness and preserving relationships. This was a court sanction mediation, the same was conducted in accordance with the mediation rules under the appointed mediator Francis Yator, since the court annexed mediation is also a tool for access to justice and the same is hereby adopted as a court judgement in relation to the succession cause no. 239 of 2010. The Deputy Registrar shall therefore issue a certificate of confirmation of grant which is subsequently would amend the entire amended certificate of confirmation of grant dated on 23rd May 2024. It is so ordered. GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 14TH APRIL 2026 R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4721/eng@2026-04-14 5

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