1. Pursuant to the provisions of Section 54 of the Law of Succession Act and rules 49 and 73 of the Probate and Administration Rules, the Applicant moved the court seeking the following orders;
1.) That this Honourable Court be pleased to issue Special Limited grant of Letters of Administration pendente Lite for the purposes of representing the estate of JOSEPH KIPLAGAT TIREITO (deceased) in:
a. ELDORET ENVIRONMENT AND LAND COURT CASE No. 441 OF2012.
b. ELDORET COURT OF APPEAL CIVIL APPLICATION No. E064 of 2025.
c. ELDORET COURT OF APPEAL CIVIL APPEAL No. E136 OF 2021.
d. ELDORET COURT OF APPEAL CIVIL APPEAL No. 2 OF 2018.
e. ELDORET CHIEF MAGISTRATE CRIMINAL CASE NO. E643 OF 2023.
f. ELDORET HIGH COURT PROBATE AND ADMINISTRATION/ SUCCESSION CAUSE NO. E084 OF 2023.
g. PENDING APPEAL ARISING OUT OF ELDORET ELC NO. 441 OF 2012 AT THE COURT OF APPEAL.
That the costs of this application be in cause.
2. The Application has been brought under Section 54 of the Law of Succession Act, and Rules 12, 36 (3) of the Probate and Administration Rules).
3. The Application is premised on the grounds on the face of it and the averments of the Applicant in his affidavit in support of the same.
4. In his affidavit, he deponed that he seeks a grant of letters of administration Pendente Lite, of the estate of the deceased who died domiciled in Kenya on 13th March 2026 for purposes of representing the Estate in the suits as stated in the prayer 1 of the Application.
5. He also presents this application in his capacity as a son to the deceased and owing to the special circumstances, it will not be possible for the Court to make a full grant in sufficient time to meet the necessity of the Petition.
6. He deponed that he will truly and faithfully administer according to the law all the estate of the deceased which by law devolves to and vest in his personal representatives for the just benefit of the beneficiaries limited aforesaid, and will render a just and true account thereof whenever required by law.
Determination;
7. A grant of letters of administration pendente lite is a special limited grant with the purpose of enabling the Applicant to administer the estate of the deceased limited to the duration and pendency of the suit.
8. I have considered the Application and find the same merited. The Application succeeds and the Applicant is hereby issued with Special Limited grant of Letters of Administration pendente Lite for the purposes of and limited to representing the estate of JOSEPH KIPLAGAT TIREITO (deceased) in:
a. ELDORET ENVIRONMENT AND LAND COURT CASE No. 441 OF 2012.
b. ELDORET COURT OF APPEAL CIVIL APPLICATION No. E064 of 2025.
c. ELDORET COURT OF APPEAL CIVIL APPEAL No. E136 OF 2021.
d. ELDORET COURT OF APPEAL CIVIL APPEAL No. 2 OF 2018.
e. ELDORET CHIEF MAGISTRATE CRIMINAL CASE NO. E643 OF 2023.
f. ELDORET HIGH COURT PROBATE AND ADMINISTRATION/ SUCCESSION CAUSE NO. E084 OF 2023.
g. PENDING APPEAL ARISING OUT OF ELDORET ELC NO. 441 OF 2012 AT THE COURT OF APPEAL.
Dated, Signed and Delivered at Eldoret this 14th day of May 2026.
1.) That this Honourable Court be pleased to issue Special Limited grant of Letters of Administration pendente Lite for the purposes of representing the estate of JOSEPH KIPLAGAT TIREITO (deceased) in:
a. ELDORET ENVIRONMENT AND LAND COURT CASE No. 441 OF2012.
b. ELDORET COURT OF APPEAL CIVIL APPLICATION No. E064 of 2025.
c. ELDORET COURT OF APPEAL CIVIL APPEAL No. E136 OF 2021.
d. ELDORET COURT OF APPEAL CIVIL APPEAL No. 2 OF 2018.
e. ELDORET CHIEF MAGISTRATE CRIMINAL CASE NO. E643 OF 2023.
f. ELDORET HIGH COURT PROBATE AND ADMINISTRATION/ SUCCESSION CAUSE NO. E084 OF 2023.
g. PENDING APPEAL ARISING OUT OF ELDORET ELC NO. 441 OF 2012 AT THE COURT OF APPEAL.
That the costs of this application be in cause.
2. The Application has been brought under Section 54 of the Law of Succession Act, and Rules 12, 36 (3) of the Probate and Administration Rules).
3. The Application is premised on the grounds on the face of it and the averments of the Applicant in his affidavit in support of the same.
4. In his affidavit, he deponed that he seeks a grant of letters of administration Pendente Lite, of the estate of the deceased who died domiciled in Kenya on 13th March 2026 for purposes of representing the Estate in the suits as stated in the prayer 1 of the Application.
5. He also presents this application in his capacity as a son to the deceased and owing to the special circumstances, it will not be possible for the Court to make a full grant in sufficient time to meet the necessity of the Petition.
6. He deponed that he will truly and faithfully administer according to the law all the estate of the deceased which by law devolves to and vest in his personal representatives for the just benefit of the beneficiaries limited aforesaid, and will render a just and true account thereof whenever required by law.
Determination;
7. A grant of letters of administration pendente lite is a special limited grant with the purpose of enabling the Applicant to administer the estate of the deceased limited to the duration and pendency of the suit.
8. I have considered the Application and find the same merited. The Application succeeds and the Applicant is hereby issued with Special Limited grant of Letters of Administration pendente Lite for the purposes of and limited to representing the estate of JOSEPH KIPLAGAT TIREITO (deceased) in:
a. ELDORET ENVIRONMENT AND LAND COURT CASE No. 441 OF 2012.
b. ELDORET COURT OF APPEAL CIVIL APPLICATION No. E064 of 2025.
c. ELDORET COURT OF APPEAL CIVIL APPEAL No. E136 OF 2021.
d. ELDORET COURT OF APPEAL CIVIL APPEAL No. 2 OF 2018.
e. ELDORET CHIEF MAGISTRATE CRIMINAL CASE NO. E643 OF 2023.
f. ELDORET HIGH COURT PROBATE AND ADMINISTRATION/ SUCCESSION CAUSE NO. E084 OF 2023.
g. PENDING APPEAL ARISING OUT OF ELDORET ELC NO. 441 OF 2012 AT THE COURT OF APPEAL.
Dated, Signed and Delivered at Eldoret this 14th day of May 2026.