1. Because there are many parties to this Cause, I will herein note the appearances as entered for the parties on this date of 17th June 2025 so as to make it easy for the court to give orders which it intends to direct to the Counsel for the parties for ease of follow up.
• Counsel Ms. Chesoo Appears for the Petitioners
• Counsel Mr. Muge appears for the 1st – 5th and 10th Beneficiaries/Objectors
• Counsel Ms. Cheptinga appears for the 2nd, 4th, 7th and 10th Objectors. Ms Nyaribo appeared as Holding Brief.
• Counsel Mr. Maiyo appears for the 6th, 8th, 9th and 11th – 14th Objectors
• Counsel Mr. Mathai appears for the 15th and 30th Objector
• Counsel Mr. Yego appears for the 16th – 19th Objectors. Ms Chelimo appeared as Holding Brief.
• Counsel Mr. Mwetich appears for the 20th, 21st and 22nd Objectors
• Counsel Mr. Esikuri appears for the 23rd – 28th Objector.
2. The matter came up today for further directions after the court remitted the file to the Deputy Registrar with specific directions to confirm with the parties the status of the Applications that they said had been filed and were pending directions and/or determination vis-à-vis the position in the court file as well as the status of quite a number of other ssues that the parties raised with respect to the proceedings previous to my taking over this case from the Hon Mr. Justice Nyakundi at the last mention of the case by myself on 19th December 2024.
3. At today’s mention, the Counsel on behalf of their respective parties responded as follows;
i) All the Counsel confirmed that they had been supplied with a copy of the Forensic Report by the DCI and as directed by the Hon Justice Nyakundi in his Ruling of 23rd January 2021 that any party who so wishes, files additional evidence upon the filing of that report by way of an affidavit, the following Counsel had complied; Ms. Chesoo by way of an affidavit filed in August 2024; Mr. Muge by way of an affidavit filed on 18th April 2024; Ms. Cheptinga by way of an affidavit filed on 29th January 2025; Mr. Maiyo stated that he does not intend to file any affidavit; Mr. Mwetich by way of an affidavit dated 28th January 2025; Mr. Esikuri by way of an affidavit dated 3rd January 2025
ii) Counsel Mr. Mathai and Ms. Chelimo both stated that they have not filed any affidavits for reasons that they wish to be supplied with the original will and any other documents deposited in the court with the said will to enable them file a contra forensic report. I have considered the issue and in addressing my mind to the same and it is my considered opinion that because in the aforementioned Ruling delivered by Hon Mr. Justice Nyakundi there were no orders allowing that once the Forensic Report is filed, parties be supplied with the original will and any other documents deposited in court with the will to enable them file their own contra forensic reports, for the court to so direct as prayed would be to vary those directions peremptorily.
iii) This may then disadvantage other parties who on their part, in strict compliance with the directions given, filed affidavits, even as they too may have desired to file their own contra Forensic Report but for those directions. In this regard, so that the court is able to make a holistic decision on the issue of the parties filing contra forensic reports to the one so far filed by the DCI, I direct that Counsel Mr. Mathai and Mr. Yego file and serve the relevant applications in line with their request as herein captured in ii) above and serve all the parties within 14 days from today’s date. The Responses thereto if any are to be filed within 14 days of service.
4. All the parties were agreed that the applications that were in the file which were pending directions and/or determination before this court took over the matter were as follows; The Application dated 8th March 2023 by Counsel Ms. Chesoo. The Applications dated 16th November 2022 and 24th February 2023 by Counsel Mr Muge. By her Application dated 3rd March 2025, Ms. Chesoo sought to have their Application of 8th March 2023 withdrawn. All the Counsel did not object. For this reason, the Application dated 8th March 2023 is withdrawn as therein prayed. On the remaining two Applications, the court notes the following; Counsel Mr. Maiyo did not object to the Application of 16th November 2022. On the Application dated 24th February 2023, they have filed their Reply to the same as well as submissions. The rest of the Counsel were not opposed to both Applications. The Court therefore shall deliver its Ruling on both Applications based on the pleadings and submissions that are already on record.
5. Moving forward to the current status, there is the Application by Ms. Chesoo dated 28th January 2025. Counsel Mr. Muge already filed his response and submissions to the same. Counsel Mr. Maiyo, Ms Nyaribo, Mr. Mathai have also filed their Responses to the same. Counsel Mr Maiyo and Ms. Nyaribo stated that they will rely fully on their responses. Counsel Mr. Mathai did not indicate whether he has filed submissions and so given the time that has lapsed since the said Application was filed and directions given, the court can safely presume that he does not intend to file any. The rest of the Counsel stated that they do not intend to participate in the said Application. The court shall therefore also proceed and determine the application based on what is already on record.
6. The other pending application is the one by Counsel Mr. Muge dated 15th March 2025. Counsel Ms. Chesoo has already filed a Preliminary Objection to the said Application. The rest of the Counsel are not opposed to the same. Counsel Mr. Muge proposed that both the Application and the Preliminary Objection be canvassed together by way of written submissions. For reasons that there was no objection raised by Ms. Chesoo to this proposal, the court shall presume that she is agreeable this proposal. In this regard, the court now hereby directs that the Application and the Preliminary Objection shall be canvassed together by way of written submissions. As between Mr. Muge and Ms. Chesoo, Counsel Mr. Muge is to file and serve his submissions within 14 days from today’s date and Ms. Chesoo is to file her submissions within 14 days of service.
7. Lastly, there is the Application by Ms. Chesoo dated 16th June 2025 filed and served today. All the Counsel for the Beneficiaries/Objectors stated that they have interacted with this Application just this morning and therefore sought that they be allowed to familiarize themselves with the same and be granted time to file their responses if they will deem the same to be necessary. In this regard, each of the Counsel for the Objectors/Beneficiaries are to file and serve their Responses to the Application dated 16th June 2025(if any) within 14 days from today’s date with corresponding leave to the Counsel for the Petitioner to file a further Affidavit if need be.
8. The Rulings stated in 4 and 5 herein shall be delivered on Notice. In light of the timelines that I have given for compliance on all the directions given, the matter shall be mentioned on 18th September 2025 to confirm compliance and for further orders of the Court.
Read Dated and Signed at ELDORET on 17th June 2025
• Counsel Ms. Chesoo Appears for the Petitioners
• Counsel Mr. Muge appears for the 1st – 5th and 10th Beneficiaries/Objectors
• Counsel Ms. Cheptinga appears for the 2nd, 4th, 7th and 10th Objectors. Ms Nyaribo appeared as Holding Brief.
• Counsel Mr. Maiyo appears for the 6th, 8th, 9th and 11th – 14th Objectors
• Counsel Mr. Mathai appears for the 15th and 30th Objector
• Counsel Mr. Yego appears for the 16th – 19th Objectors. Ms Chelimo appeared as Holding Brief.
• Counsel Mr. Mwetich appears for the 20th, 21st and 22nd Objectors
• Counsel Mr. Esikuri appears for the 23rd – 28th Objector.
2. The matter came up today for further directions after the court remitted the file to the Deputy Registrar with specific directions to confirm with the parties the status of the Applications that they said had been filed and were pending directions and/or determination vis-à-vis the position in the court file as well as the status of quite a number of other ssues that the parties raised with respect to the proceedings previous to my taking over this case from the Hon Mr. Justice Nyakundi at the last mention of the case by myself on 19th December 2024.
3. At today’s mention, the Counsel on behalf of their respective parties responded as follows;
i) All the Counsel confirmed that they had been supplied with a copy of the Forensic Report by the DCI and as directed by the Hon Justice Nyakundi in his Ruling of 23rd January 2021 that any party who so wishes, files additional evidence upon the filing of that report by way of an affidavit, the following Counsel had complied; Ms. Chesoo by way of an affidavit filed in August 2024; Mr. Muge by way of an affidavit filed on 18th April 2024; Ms. Cheptinga by way of an affidavit filed on 29th January 2025; Mr. Maiyo stated that he does not intend to file any affidavit; Mr. Mwetich by way of an affidavit dated 28th January 2025; Mr. Esikuri by way of an affidavit dated 3rd January 2025
ii) Counsel Mr. Mathai and Ms. Chelimo both stated that they have not filed any affidavits for reasons that they wish to be supplied with the original will and any other documents deposited in the court with the said will to enable them file a contra forensic report. I have considered the issue and in addressing my mind to the same and it is my considered opinion that because in the aforementioned Ruling delivered by Hon Mr. Justice Nyakundi there were no orders allowing that once the Forensic Report is filed, parties be supplied with the original will and any other documents deposited in court with the will to enable them file their own contra forensic reports, for the court to so direct as prayed would be to vary those directions peremptorily.
iii) This may then disadvantage other parties who on their part, in strict compliance with the directions given, filed affidavits, even as they too may have desired to file their own contra Forensic Report but for those directions. In this regard, so that the court is able to make a holistic decision on the issue of the parties filing contra forensic reports to the one so far filed by the DCI, I direct that Counsel Mr. Mathai and Mr. Yego file and serve the relevant applications in line with their request as herein captured in ii) above and serve all the parties within 14 days from today’s date. The Responses thereto if any are to be filed within 14 days of service.
4. All the parties were agreed that the applications that were in the file which were pending directions and/or determination before this court took over the matter were as follows; The Application dated 8th March 2023 by Counsel Ms. Chesoo. The Applications dated 16th November 2022 and 24th February 2023 by Counsel Mr Muge. By her Application dated 3rd March 2025, Ms. Chesoo sought to have their Application of 8th March 2023 withdrawn. All the Counsel did not object. For this reason, the Application dated 8th March 2023 is withdrawn as therein prayed. On the remaining two Applications, the court notes the following; Counsel Mr. Maiyo did not object to the Application of 16th November 2022. On the Application dated 24th February 2023, they have filed their Reply to the same as well as submissions. The rest of the Counsel were not opposed to both Applications. The Court therefore shall deliver its Ruling on both Applications based on the pleadings and submissions that are already on record.
5. Moving forward to the current status, there is the Application by Ms. Chesoo dated 28th January 2025. Counsel Mr. Muge already filed his response and submissions to the same. Counsel Mr. Maiyo, Ms Nyaribo, Mr. Mathai have also filed their Responses to the same. Counsel Mr Maiyo and Ms. Nyaribo stated that they will rely fully on their responses. Counsel Mr. Mathai did not indicate whether he has filed submissions and so given the time that has lapsed since the said Application was filed and directions given, the court can safely presume that he does not intend to file any. The rest of the Counsel stated that they do not intend to participate in the said Application. The court shall therefore also proceed and determine the application based on what is already on record.
6. The other pending application is the one by Counsel Mr. Muge dated 15th March 2025. Counsel Ms. Chesoo has already filed a Preliminary Objection to the said Application. The rest of the Counsel are not opposed to the same. Counsel Mr. Muge proposed that both the Application and the Preliminary Objection be canvassed together by way of written submissions. For reasons that there was no objection raised by Ms. Chesoo to this proposal, the court shall presume that she is agreeable this proposal. In this regard, the court now hereby directs that the Application and the Preliminary Objection shall be canvassed together by way of written submissions. As between Mr. Muge and Ms. Chesoo, Counsel Mr. Muge is to file and serve his submissions within 14 days from today’s date and Ms. Chesoo is to file her submissions within 14 days of service.
7. Lastly, there is the Application by Ms. Chesoo dated 16th June 2025 filed and served today. All the Counsel for the Beneficiaries/Objectors stated that they have interacted with this Application just this morning and therefore sought that they be allowed to familiarize themselves with the same and be granted time to file their responses if they will deem the same to be necessary. In this regard, each of the Counsel for the Objectors/Beneficiaries are to file and serve their Responses to the Application dated 16th June 2025(if any) within 14 days from today’s date with corresponding leave to the Counsel for the Petitioner to file a further Affidavit if need be.
8. The Rulings stated in 4 and 5 herein shall be delivered on Notice. In light of the timelines that I have given for compliance on all the directions given, the matter shall be mentioned on 18th September 2025 to confirm compliance and for further orders of the Court.
Read Dated and Signed at ELDORET on 17th June 2025