1. Before this court is a certificate of urgency dated 31st July 2025 seeking the following orders:
a) The Applicant be granted Limited Letters of Administration Ad Litem in respect of the estate of Daniel Mutai alias Daniel K. Mutai (Deceased).
b) The grant be limited to representing the estate of Daniel Mutai alias Daniel K. Mutai (Deceased) in Eldoret HC Succession Cause No. 144 of 1999, pending in the High Court of Kenya at Eldoret, and relating to the estate of Boiyo Arap Songony (Deceased) who died intestate on 05/03/1998.
c) The said grant be limited to the purposes of litigation to prevent the estate of Daniel Mutai alias Daniel K. Mutai (Deceased) from being wasted, damaged, alienated, abused and or wrongfully disposed of by the administrators or other beneficiaries or non-beneficiaries and shall not confer any powers of administration, or distribution of the estate of Boiyo Arap Songony (Deceased) to the Applicant.
d) Costs of the application be in the cause
2. The Application is made on the following grounds among others:
a) That the Applicant is the lawful widow of Daniel Mutai alias Daniel K. Mutai (Deceased), who died intestate on 08-01-1996, and is survived by the Applicant (the only widow) and children, whose names are given in the supporting affidavit.
b) That the said Daniel Mutai alias Daniel K. Mutai (Deceased) was a son and heir of Boiyo Arap Songony (Deceased), whose estate is the subject of the said Eldoret HC Succesion Cause No.144 of 1999, pending before Eldoret High Court of Kenya.
c) The Applicant and her children have legitimate interests in the estate of Boiyo Arap Songony (Deceased) by virtue of the said Daniel Mutai alias Daniel K. Mutai.
d) That the Applicant would like to represent and safeguard the interests of her said late husband's estate as well as hers and those of the children in the said Succession Cause hence the need for a limited grant representation.
e) That unless this Honorable Court grants her such limited legal authority, the Applicant would lack locus standi to represent the interests of her said late husband's estate.
f) That this application is filed in good faith, and no prejudice will be occasioned to other lawful beneficiaries of the said estate.
g) That it is in the best interest of justice that the prayers being sought in this application be granted.
h) The application is further supported by the annexed affidavit of EMILY JEROTICH MUTAI
DECISION
3. This application has been considered under section 1(A), 1(B), 3, 3(A) of the CPA as read with sections 54 & 67 of the Law of Succession Act for the applicant to be granted Limited Letters of Administration Ad Litem in respect of the estate of Daniel Mutai alias Daniel K. Mutai (Deceased) for purposes of prosecution or defending any litigation before a court of law.
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025
a) The Applicant be granted Limited Letters of Administration Ad Litem in respect of the estate of Daniel Mutai alias Daniel K. Mutai (Deceased).
b) The grant be limited to representing the estate of Daniel Mutai alias Daniel K. Mutai (Deceased) in Eldoret HC Succession Cause No. 144 of 1999, pending in the High Court of Kenya at Eldoret, and relating to the estate of Boiyo Arap Songony (Deceased) who died intestate on 05/03/1998.
c) The said grant be limited to the purposes of litigation to prevent the estate of Daniel Mutai alias Daniel K. Mutai (Deceased) from being wasted, damaged, alienated, abused and or wrongfully disposed of by the administrators or other beneficiaries or non-beneficiaries and shall not confer any powers of administration, or distribution of the estate of Boiyo Arap Songony (Deceased) to the Applicant.
d) Costs of the application be in the cause
2. The Application is made on the following grounds among others:
a) That the Applicant is the lawful widow of Daniel Mutai alias Daniel K. Mutai (Deceased), who died intestate on 08-01-1996, and is survived by the Applicant (the only widow) and children, whose names are given in the supporting affidavit.
b) That the said Daniel Mutai alias Daniel K. Mutai (Deceased) was a son and heir of Boiyo Arap Songony (Deceased), whose estate is the subject of the said Eldoret HC Succesion Cause No.144 of 1999, pending before Eldoret High Court of Kenya.
c) The Applicant and her children have legitimate interests in the estate of Boiyo Arap Songony (Deceased) by virtue of the said Daniel Mutai alias Daniel K. Mutai.
d) That the Applicant would like to represent and safeguard the interests of her said late husband's estate as well as hers and those of the children in the said Succession Cause hence the need for a limited grant representation.
e) That unless this Honorable Court grants her such limited legal authority, the Applicant would lack locus standi to represent the interests of her said late husband's estate.
f) That this application is filed in good faith, and no prejudice will be occasioned to other lawful beneficiaries of the said estate.
g) That it is in the best interest of justice that the prayers being sought in this application be granted.
h) The application is further supported by the annexed affidavit of EMILY JEROTICH MUTAI
DECISION
3. This application has been considered under section 1(A), 1(B), 3, 3(A) of the CPA as read with sections 54 & 67 of the Law of Succession Act for the applicant to be granted Limited Letters of Administration Ad Litem in respect of the estate of Daniel Mutai alias Daniel K. Mutai (Deceased) for purposes of prosecution or defending any litigation before a court of law.
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025