1. This Succession Cause was gazette on 16 th November, 2007. The notice clearly indicated that Esther Cheptoo Maina and Kirui Julius Kibet had petitioned to be issued with Letters of Administration in respect of the Estate of Johana Machii A. Maina, deceased.
2. On 14/12/2007, Elisha Kipkorir Kirui, Eunice Chelangat Kirui, David Kiplangat Kirui Bernard Kimutai Kirui and Mary Chepngeno Maina lodged an Objection against the Application for Grant. The Objection proceedings has not been heard. No Grant has so far been issued.
3. On 29 th July, 2024, the dispute was referred to a Panel of elders (i.e. AJS) under the Chairmanship of a retired Assistant Chief of Kapkugerwet Sub-Location. The Elders sat and deliberated over the matter and came to the conclusion that the deceased distributed his property inter vivos.
4. It is clear that the dispute which the Elders were to determine whether the Petitioners should be appointed as Administrators of the Estate. It is only after the Administrators have been appointed that an Application for Confirmation of Grant can be filed. The Elders’ decision has not resolved the question as to who should be appointed as the Administrator(s) of the deceased Estate.
5. This Court has been asked to make an order adopting the Elders’ decision as its decision. I do not think it is appropriate to grant the Order at this state. Consequently, I defer my decision on whether or not to adopt the Elders’ decision until after a decision on appointment of Administrators is done and until an Application of Confirmation is filed.
6. This cause should therefore be fixed for hearing of the Objection to Application for Grant. The same is fixed for hearing on 21/4/2026.
Dated, signed and delivered at Kericho this 19 th day of February, 2026.
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Miss Cherono for the 2 nd Objector & 1 st Petitioner
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2. On 14/12/2007, Elisha Kipkorir Kirui, Eunice Chelangat Kirui, David Kiplangat Kirui Bernard Kimutai Kirui and Mary Chepngeno Maina lodged an Objection against the Application for Grant. The Objection proceedings has not been heard. No Grant has so far been issued.
3. On 29 th July, 2024, the dispute was referred to a Panel of elders (i.e. AJS) under the Chairmanship of a retired Assistant Chief of Kapkugerwet Sub-Location. The Elders sat and deliberated over the matter and came to the conclusion that the deceased distributed his property inter vivos.
4. It is clear that the dispute which the Elders were to determine whether the Petitioners should be appointed as Administrators of the Estate. It is only after the Administrators have been appointed that an Application for Confirmation of Grant can be filed. The Elders’ decision has not resolved the question as to who should be appointed as the Administrator(s) of the deceased Estate.
5. This Court has been asked to make an order adopting the Elders’ decision as its decision. I do not think it is appropriate to grant the Order at this state. Consequently, I defer my decision on whether or not to adopt the Elders’ decision until after a decision on appointment of Administrators is done and until an Application of Confirmation is filed.
6. This cause should therefore be fixed for hearing of the Objection to Application for Grant. The same is fixed for hearing on 21/4/2026.
Dated, signed and delivered at Kericho this 19 th day of February, 2026.
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Miss Cherono for the 2 nd Objector & 1 st Petitioner
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