Rodah Matwek v Reuben Kiprono Koskei & 1 other

In re Estate of Kipchobot arap Motwek - Deceased (Succession Cause E023B of 2023) [2026] KEHC 5646 (KLR) (29 April 2026) (Ruling) Neutral citation: [2026] KEHC 5646 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BOMET SUCCESSION CAUSE E023B OF 2023 JK NG'ARNG'AR, J APRIL 29, 2026 IN THE MATTER OF THE ESTATE OF KIPCHOBOT ARAP MOTWEK – DECEASED BETWEEN RODAH MATWEK .................................................................................. APPLICANT AND REUBEN KIPRONO KOSKEI ..................................................... 1ST RESPONDENT AUGUSTINE KIPCHIRCHIR ..................................................... 2ND RESPONDENT RULING 1. This is a Ruling in terms of the Mode of Distribution of the Estate herein pursuant to Summons for Confirmation. 2. Initially Parties were referred to Court Annexed Mediation but failed to reach a settlement. 3. There is a Summons for Confirmation of Grant dated 17/10/2025. The Applicants have proposed a Mode of Distribution which is not agreeable to the 1st Petitioner. 4. The 1st Petitioner has made Submissions on the Mode of Distribution too. The Submissions are dated 11/11/2025. 5. I have looked at the two proposed Mode of Distribution. It is not in dispute that there are two houses involved in this cause. The Deceased died interstate. There is no claim of contribution by the beneficiaries to the Estate. The deceased property is also not in dispute. 6. As per Section 40 of the Law of Succession and the general Law on Succession equal distribution ought to be the guiding principle taking into account equity too. 7. The proposed Mode of Distribution by the 2nd and 3rd Petitioners would not be taking into account the issue of equality and equity. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5646/eng@2026-04-29 1

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