Collins Kirui v Micahel Kirui

Kirui v Kirui (Miscellaneous Civil Application E004 of 2026) [2026] KEHC 5728 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 5728 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BOMET MISCELLANEOUS CIVIL APPLICATION E004 OF 2026 JK NG'ARNG'AR, J APRIL 30, 2026 IN THE MATTER OF AN APPLICATION TO TRANSFER SOTIK SUCCESSION CAUSE NUMBER E001 OF 2023 BETWEEN COLLINS KIRUI ...................................................................................... APPLICANT AND MICAHEL KIRUI ................................................................................ RESPONDENT RULING 1. Through the notice of motion application dated 23rd January 2026, the applicant sought to have Sotik Magistrate’s Court Succession Cause Number E001 of 2023 be transferred to this court for hearing and determination. 2. It was the applicant’s case that value of the deceased’s (James Kipkirui Leitich) estate was more than twenty million Kenyan Shillings and was beyond the pecuniary jurisdiction of the subordinate court. It was the applicant’s further case that the deceased was survived by two households which included 14 beneficiaries. 3. The applicant stated that he was the administrator of the deceased’s estate and the confirmation of the grant was challenged by the respondent who challenged the mode of distribution and the subordinate court’s pecuniary jurisdiction. That upon reviewing the valuation report, he acknowledged that the pecuniary jurisdiction was beyond the subordinate court. 4. There was no response from the respondent. The applicant filed an affidavit of service dated 18th February 2026 where he stated that the respondent was served with the application on 12th February 2026. I am satisfied that the respondent was properly served but failed to enter an appearance and file a response. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5728/eng@2026-04-30 1

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