1. The Petitioners/Applicants took out the summons dated 1 st December, 2025 whereof they sought for inter alia :-
(i) THAT this Court be pleased to review/set aside and/or vary its directions issued on 8 th May, 2025 and set out in the Certificate only in so far as disposition of that property known by reference as PLOT NO. 1 CHEPSIR, is concerned.
(ii) THAT Parcel of land comprising 437.5 Acres in PLOT NO. 1 CHEPSIR be shared equally among the deceased’s five households and the Certificate of Confirmation of Grant dated 8 th May, 2023 reviewed accordingly, as proposed under Paragraph 11 of the Summons’ Supporting Affidavit, herein.
(iii) THAT costs of this Application be provided for.
2. The Applicants filed the Affidavit sworn by Paul Kiptonui Ngeno in support of the summons. The Respondents did not deem it fit to file a response to the application. The applicants were the only parties who filed written submissions.
3. I have considered the grounds stated on the summons and the facts deponed in the Supporting Affidavit. I have further considered the written submissions.
4. It is apparent that the main orders sought by the Applicants are review. It is the averment of the Applicants that the Certificate of Confirmation of Grant was rectified severally on diverse dated. It is pointed out that among the properties listed as for the estate of the deceased was the parcel of land known as Plot No.1 Chepsir measuring 450 Acres.
5. It is stated by the applicants that as a result of the Court Annexed Mediation and the mediation settlement agreement adopted by the Court on 8 th May, 2023, a portion of the aforesaid land measuring 12.5 acres was hived off and devolved to Grace Cherotich Maina . The remaining 437.5 Acres devolved to Willy Kipkirui A. Rono, John Kipkemoi Chabas, Paul Kiptonui Ngeno and William Kipterer Bii to hold in trust for themselves as well as other beneficiaries listed in the Certificate of Confirmation of Grant.
6. It is further the submission of the Applicants that the operation of the aforesaid trust has since become onerous and untenable. The Applicants are now before this Court seeking for an order of review. They aver that the beneficiaries of the property known as Plot No.1 Chepsir are now desirous of terminating the trust created over it and have further consented to have the remainder of the said parcel of land comprising of 437.5 Acres divided into equal portions for each of the five houses and to have the Certificate of Grant dated 8/5/2023 reviewed accordingly to pave way for the final distribution of the deceased estate.
7. After a careful consideration of the material placed before this Court and the written submissions, I am convinced that the Applicants have shown that the Application for review is the appropriate application to settle apparent impasse. I find merit in the summons.
8. Consequently, the Chamber Summons dated 1 st December, 2025 is allowed giving rise to issuance of the following Orders:-
(a) The directions issued by this Court on 8 th May, 2023 and set out in the Certificate of Confirmation of Grant only in so far as disposition of the property known by reference as Plot No.1 Chepsir is concerned are reviewed, set aside and varied.
(b) The Parcel of Land comprising 437.5 Acres in Plot No.1 Chepsir be shared equally among the deceased’s fire households.
(c) The Rectified Certificate of Confirmation of Grant dated 8/5/2023 be reviewed as follows:-
NAME
DESCRIPTION OF PROPERTY
SHARES OF HEIR
FIRST HOUSE
WILLY KIPKIRUI RONO
JOHN KIPKEMEI A. RONO
PAUL KIPRONO A. RONO
STANELEY KIPYEGON
A. RONO
NIXON KIPKEMOI A. RONO
PLOT NO.1 CHEPSIR
87.1 ACRES (To hold in common in equal shares
SECOND HOUSE
MARY CHELOGOI
PLOT NO.1 CHEPSIR
87.1. ACRES
THIRD HOUSE
JOHN KIPKEMOI CHABAS
JULIUS KIMUTAI NGENO
RICHARD MALAKWEN NGENO
FRANCIS K. CHABAS
MRS. CHARLES NGENO
DAVID K. KORIR
JOEL K. KORIR
EVANS KORIR
PLOT NO.1 CHEPSIR
87.1 ACRES (To hold in common in equal shares)
FOURTH HOUSE
JANE KIPKIMOI ARAP BEE (WIFE OF WILLIAM K. ARAP BII (DECEASED)
STEPHEN K. CHUMO
PLOT NO.1 CHEPSIR
87.1 ACRES (To hold in common in equal shares
FIFTH HOUSE
PAUL KIPTANUI NGENO
ELIZABETH CHEMUTAI’S SON
87.1. ACRES (To hold in common in equal shares)
SIXTH HOUSE
GRACE CHEROTICH MAINA
PLOT NO. 1 CHEPSIR
12.5 ACRES
Dated, signed and delivered at Kericho this 26 th day of February, 2026.
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Korir for the Applicants
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(i) THAT this Court be pleased to review/set aside and/or vary its directions issued on 8 th May, 2025 and set out in the Certificate only in so far as disposition of that property known by reference as PLOT NO. 1 CHEPSIR, is concerned.
(ii) THAT Parcel of land comprising 437.5 Acres in PLOT NO. 1 CHEPSIR be shared equally among the deceased’s five households and the Certificate of Confirmation of Grant dated 8 th May, 2023 reviewed accordingly, as proposed under Paragraph 11 of the Summons’ Supporting Affidavit, herein.
(iii) THAT costs of this Application be provided for.
2. The Applicants filed the Affidavit sworn by Paul Kiptonui Ngeno in support of the summons. The Respondents did not deem it fit to file a response to the application. The applicants were the only parties who filed written submissions.
3. I have considered the grounds stated on the summons and the facts deponed in the Supporting Affidavit. I have further considered the written submissions.
4. It is apparent that the main orders sought by the Applicants are review. It is the averment of the Applicants that the Certificate of Confirmation of Grant was rectified severally on diverse dated. It is pointed out that among the properties listed as for the estate of the deceased was the parcel of land known as Plot No.1 Chepsir measuring 450 Acres.
5. It is stated by the applicants that as a result of the Court Annexed Mediation and the mediation settlement agreement adopted by the Court on 8 th May, 2023, a portion of the aforesaid land measuring 12.5 acres was hived off and devolved to Grace Cherotich Maina . The remaining 437.5 Acres devolved to Willy Kipkirui A. Rono, John Kipkemoi Chabas, Paul Kiptonui Ngeno and William Kipterer Bii to hold in trust for themselves as well as other beneficiaries listed in the Certificate of Confirmation of Grant.
6. It is further the submission of the Applicants that the operation of the aforesaid trust has since become onerous and untenable. The Applicants are now before this Court seeking for an order of review. They aver that the beneficiaries of the property known as Plot No.1 Chepsir are now desirous of terminating the trust created over it and have further consented to have the remainder of the said parcel of land comprising of 437.5 Acres divided into equal portions for each of the five houses and to have the Certificate of Grant dated 8/5/2023 reviewed accordingly to pave way for the final distribution of the deceased estate.
7. After a careful consideration of the material placed before this Court and the written submissions, I am convinced that the Applicants have shown that the Application for review is the appropriate application to settle apparent impasse. I find merit in the summons.
8. Consequently, the Chamber Summons dated 1 st December, 2025 is allowed giving rise to issuance of the following Orders:-
(a) The directions issued by this Court on 8 th May, 2023 and set out in the Certificate of Confirmation of Grant only in so far as disposition of the property known by reference as Plot No.1 Chepsir is concerned are reviewed, set aside and varied.
(b) The Parcel of Land comprising 437.5 Acres in Plot No.1 Chepsir be shared equally among the deceased’s fire households.
(c) The Rectified Certificate of Confirmation of Grant dated 8/5/2023 be reviewed as follows:-
NAME
DESCRIPTION OF PROPERTY
SHARES OF HEIR
FIRST HOUSE
WILLY KIPKIRUI RONO
JOHN KIPKEMEI A. RONO
PAUL KIPRONO A. RONO
STANELEY KIPYEGON
A. RONO
NIXON KIPKEMOI A. RONO
PLOT NO.1 CHEPSIR
87.1 ACRES (To hold in common in equal shares
SECOND HOUSE
MARY CHELOGOI
PLOT NO.1 CHEPSIR
87.1. ACRES
THIRD HOUSE
JOHN KIPKEMOI CHABAS
JULIUS KIMUTAI NGENO
RICHARD MALAKWEN NGENO
FRANCIS K. CHABAS
MRS. CHARLES NGENO
DAVID K. KORIR
JOEL K. KORIR
EVANS KORIR
PLOT NO.1 CHEPSIR
87.1 ACRES (To hold in common in equal shares)
FOURTH HOUSE
JANE KIPKIMOI ARAP BEE (WIFE OF WILLIAM K. ARAP BII (DECEASED)
STEPHEN K. CHUMO
PLOT NO.1 CHEPSIR
87.1 ACRES (To hold in common in equal shares
FIFTH HOUSE
PAUL KIPTANUI NGENO
ELIZABETH CHEMUTAI’S SON
87.1. ACRES (To hold in common in equal shares)
SIXTH HOUSE
GRACE CHEROTICH MAINA
PLOT NO. 1 CHEPSIR
12.5 ACRES
Dated, signed and delivered at Kericho this 26 th day of February, 2026.
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Korir for the Applicants
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