1. Before this court is a certificate of urgency dated 31st day of July 2025 seeking the following orders:
a) The Applicant be granted Limited Letters of Administration Ad Litem in respect of the estate of Isaac Cheruiyot Mutai (Deceased).
b) The grant be limited to representing the estate of Isaac Cheruiyot 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 25/11/2018.
c) The said grant be limited to the purposes of litigation to prevent the estate of Isaac Cheruiyot 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 Isaac Cheruiyot Mutai (Deceased), who died intestate on 25/11/2018, and is survived by the Applicant (the only widow) and children, whose names are given in the supporting affidavit.
b. That the said Isaac Cheruiyot Mutai (Deceased) was a son and heir of Boiyo Arap Songony (Deceased), whose estate is the subject of the said Eldoret HC Succession 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 Isaac Cheruiyot 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. Application is further supported by the annexed affidavit of SUSAN JEPKETER
DECISION
3. The applicant has moved this court for a special grant of letters of administration as provided under sections 54 & 67 of the Law of Succession Act which instruments are limited grants issued by the court to manage specific aspects of an estate often when there is an urgency or a need to address a particular issue before a full grant can be obtained. It is a restricted grant not giving the administrators full power over the entire estate.
4. As a consequence of this application, it is merited that limited Letters of Administration Ad Litem be issued to the applicant in respect of the estate of Isaac Cheruiyot Mutai, for the purpose of representing the estate in Eldoret HC Succession Cause No. 144 of 1999.
5. This limited grant of letters of administration is a restricted grant for purpose of litigation to preserve the assets of the estate it is not meant to transmit any shares to the beneficiaries or third party.
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 Isaac Cheruiyot Mutai (Deceased).
b) The grant be limited to representing the estate of Isaac Cheruiyot 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 25/11/2018.
c) The said grant be limited to the purposes of litigation to prevent the estate of Isaac Cheruiyot 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 Isaac Cheruiyot Mutai (Deceased), who died intestate on 25/11/2018, and is survived by the Applicant (the only widow) and children, whose names are given in the supporting affidavit.
b. That the said Isaac Cheruiyot Mutai (Deceased) was a son and heir of Boiyo Arap Songony (Deceased), whose estate is the subject of the said Eldoret HC Succession 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 Isaac Cheruiyot 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. Application is further supported by the annexed affidavit of SUSAN JEPKETER
DECISION
3. The applicant has moved this court for a special grant of letters of administration as provided under sections 54 & 67 of the Law of Succession Act which instruments are limited grants issued by the court to manage specific aspects of an estate often when there is an urgency or a need to address a particular issue before a full grant can be obtained. It is a restricted grant not giving the administrators full power over the entire estate.
4. As a consequence of this application, it is merited that limited Letters of Administration Ad Litem be issued to the applicant in respect of the estate of Isaac Cheruiyot Mutai, for the purpose of representing the estate in Eldoret HC Succession Cause No. 144 of 1999.
5. This limited grant of letters of administration is a restricted grant for purpose of litigation to preserve the assets of the estate it is not meant to transmit any shares to the beneficiaries or third party.
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025