(deceased) Lucas Kimeli Cheboi & 1 other v Joel Kibet Cheboi

b) THAT JOEL KIBET CHEBOI be removed from administrating the estate of the deceased. c) THAT Lucas Kimeli Cheboi and Philemon Chebutuk Tuwei do administer the Estate d) THAT JOEL KIBET CHEBOI be ordered to execute consent to subdivide TEMBELEO/ILULA BLOCK 1(MUIYENGWET) 42 mutation forms LRA 42, avail his passport size photographs, copy of his National Identity Card and KRA pin certificate e) THAT In the alternative of prayer (d) and Deputy Registrar High Court do execute all necessary transmission forms to give effect to the amended certificate of confirmation of grant issued on 28 th May 2016 f) THAT the Uasin Gishu County Land Surveyor to Survey TEMBELEO/ILULA BLOCK 1 (MUIYENGWET) 42 and subdivide as per the Amended Certificate of Confirmation of grant dated 16th May, 2015. g) THAT the supervise Page | 2 OCS Tembelio survey and Police Station subdivision to of ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 2 of 9

TEMBELEO/ILULA BLOCK 1 (MUIYENGWET) 42 as per the Amended Certificate of confirmation of grant dated 16th May, 2015. 2. The application was grounded upon the annexed affidavits of Lucas Kimeli Cheboi and Philemon Chebutuk Tuwei. Lucas depones inter alia that Joel Kibet Cheboi refused and or ignored to execute transmission Forms (LR 42) sub division forms, mutation forms and Application for consent to subdivide the property known as TEMBELEO/ILULA BLOCK 1 (MUYENGWET) 42 despite being and Administrator 3. Further that the Administrator namely JOEL KIBET CHEBOI failed to perform his duties as required under section 83 of Law of Succession Act cap 160. 4. He adds that the confirmed grant was amended on 16 th May, 2015 and its now over 10 years since the grant was confirmed. 5. The respondent is accused of refusing to perform his duties after registration of LRA 39 and that he has not been cooperative in subdivision of the property known as TEMBELEO/ILULA BLOCK 1 (MUIYEGWET) 42 Page | 3 ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 3 of 9

6. It is sought that the OCS Tembeleo Police Station be brought on board to oversee the subdivision process. 7. In his affidavit Philemon Chebutuk Tuwei retaliates the averments by Lucas. 8. There was no response to the application. 9. Section 83 of the Law of Succession Act sets out the duties of personal representatives in the administration of a deceased’s estate. Among those duties is the obligation to complete the administration of the estate by facilitating transmission and distribution of the estate to the rightful beneficiaries, including the execution of all necessary documents required for such distribution and final winding up of the estate. 10. An administrator is therefore not at liberty to frustrate the implementation of a confirmed grant by refusing, neglecting, or failing to sign transmission documents, transfer forms, consents, or any other instruments necessary to effect distribution. Such conduct amounts to a failure to discharge the statutory duties imposed under Section 83 and defeats the very purpose of administration, which is to ensure Page | 4 ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 4 of 9

orderly and timely transmission of the estate to beneficiaries. 11. The probate court retains inherent jurisdiction, as well as statutory authority under the Law of Succession Act and the Probate and Administration Rules, to ensure that its orders are obeyed and that administration is brought to conclusion. Where an administrator becomes obstructive or refuses to cooperate in the execution of the confirmed grant, the court may compel compliance and, where necessary, authorize the Deputy Registrar or other appropriate court officer to execute the requisite documents in place of the defaulting administrator so as to prevent prejudice to beneficiaries and avoid unnecessary delay. 12. In the present matter, there is sufficient evidence demonstrating that the said administrator has failed and/or refused to discharge his duties as required by law. His conduct has hindered the implementation of the confirmed grant and delayed the final distribution of the estate. Such refusal is unjustified and cannot be allowed to defeat the rights of the beneficiaries. Page | 5 ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 5 of 9

13. Accordingly, I am satisfied that the application is merited. The orders sought should issue. The administrator is hereby directed to execute all necessary documents required for the transmission and distribution of the estate within 14 days hereof failing which the Deputy Registrar of this Court shall be at liberty to execute the same on his behalf to facilitate the completion of administration and final winding up of the estate. 14. Section 83 of the Law of Succession Act sets out the duties of personal representatives in the administration of a deceased’s estate. Among those duties is the obligation to complete the administration of the estate by facilitating transmission and distribution of the estate to the rightful beneficiaries, including the execution of all necessary documents required for such distribution and final winding up of the estate. 15. An administrator is therefore not at liberty to frustrate the implementation of a confirmed grant by refusing, neglecting, or failing to sign transmission documents, transfer forms, consents, or any other instruments necessary to effect Page | 6 ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 6 of 9

distribution. Such conduct amounts to a failure to discharge the statutory duties imposed under Section 83 and defeats the very purpose of administration, which is to ensure orderly and timely transmission of the estate to beneficiaries. 16. The probate court retains inherent jurisdiction, as well as statutory authority under the Law of Succession Act and the Probate and Administration Rules, to ensure that its orders are obeyed and that administration is brought to conclusion. Where an administrator becomes obstructive or refuses to cooperate in the execution of the confirmed grant, the court may compel compliance and, where necessary, authorize the Deputy Registrar or other appropriate court officer to execute the requisite documents in place of the defaulting administrator so as to prevent prejudice to beneficiaries and avoid unnecessary delay. 17. In the present matter, there is sufficient evidence demonstrating that the said administrator has failed and/or refused to discharge his duties as required by law. His conduct has hindered the implementation of the confirmed Page | 7 ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 7 of 9

grant and delayed the final distribution of the estate. Such refusal is unjustified and cannot be allowed to defeat the rights of the beneficiaries. 18. Accordingly, I am satisfied that the application is merited. The orders sought should issue. I make the following orders; a. THAT JOEL KIBET CHEBOI be and is hereby ordered to execute TEMBELEO/ILULA consent BLOCK to subdivide 1(MUIYENGWET) 42 mutation forms LRA 42, avail his passport size photographs, copy of his National Identity Card and KRA pin certificate within 14 days hereof. b. THAT In default thereof, the Deputy Registrar High Court do execute all necessary transmission forms to give effect to the amended certificate of confirmation of grant issued on 28th May 2016 c. THAT the Uasin Gishu County Land Surveyor to Survey TEMBELEO/ILULA BLOCK 1 (MUIYENGWET) 42 and subdivide as per the Amended Certificate of Confirmation of grant dated 16th May, 2015. Page | 8 ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 8 of 9

d. THAT the supervise OCS Tembelio survey and Police Station subdivision to of TEMBELEO/ILULA BLOCK 1 (MUIYENGWET) 42 as per the Amended Certificate of confirmation of grant dated 16th May, 2015. Dated signed and delivered virtually this 29th day of April 2026 A.K. NDUNG’U JUDGE Page | 9 ELDORET SUCCESSION CAUSE NO 180 OF 2010

page 9 of 9