In re Estate of Christopher Kipngetich Biwott (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Eldoret
Category
Civil
Judge(s)
H.A. Omondi
Judgment Date
September 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 case summary of In re Estate of Christopher Kipngetich Biwott (Deceased) on eKLR. Discover insights on estate law and key judicial findings in this significant ruling.

Case Brief: In re Estate of Christopher Kipngetich Biwott (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: Estate of Christopher Kipngetich Biwott alias Christopher Biwott
- Case Number: Succession Cause No 22 of 2018
- Court: High Court of Kenya at Eldoret
- Date Delivered: 23rd September 2020
- Category of Law: Civil
- Judge(s): H.A. Omondi
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court include:
- Whether the grant of letters of administration issued on 12th September 2018 should be revoked due to alleged defects in the proceedings.
- Whether the applicant should be recognized as a beneficiary of the estate of the deceased, alongside her children.
- Whether the court should order various banks to provide certified bank statements related to the estate.

3. Facts of the Case:
The applicant, Grace Chelimo Biwott, filed a summons for revocation of the grant of letters of administration that had been issued to Priscillah Jepkoech Busienei and Laura Chemtai Biwott. The deceased, Christopher Kipngetich Biwott, died intestate on 30th November 2016. The applicant claims to be a widow of the deceased and asserts that she and her children were excluded from the list of beneficiaries. The deceased is alleged to have left behind multiple beneficiaries, including the applicant and her children, who were not included in the administration process. The applicant contends that the respondents have been mismanaging the estate, collecting proceeds from properties and failing to share them with her or her children.

4. Procedural History:
The case began with the issuance of letters of administration to the respondents in September 2018. Following this, the applicant filed a summons for revocation in February 2020, alleging defects in the initial grant process, including the omission of beneficiaries and failure to obtain her consent. The court directed that the matter be canvassed through written submissions. The respondents failed to file any response or submissions despite being granted additional time, leading the court to consider the application uncontested.

5. Analysis:
- Rules: The court considered several legal provisions, including:
- Section 76 of the Law of Succession Act, which outlines grounds for revocation of grants.
- Article 35 of the Constitution of Kenya, which guarantees the right of access to information.
- Section 83 of the Law of Succession Act, which outlines the duties of personal representatives.

- Case Law: The court referenced previous cases, including:
- *Joseph Muhoro Nyaga & 4 others vs Peterson Githu Gathingu (2016) eKLR*, which discussed the concept of "defective in substance" regarding grant applications.
- *Ibrahim vs Hassan & Charles Kimani Macharia (2019) eKLR*, where the court emphasized the importance of including all beneficiaries in the distribution of an estate.

- Application: The court applied the rules and case law to the facts by determining that the respondents had failed to include the applicant and her children as beneficiaries, rendering the grant defective. The lack of response from the respondents was interpreted as an acknowledgment of the applicant's claims. The court found that the respondents had been collecting significant rental income from the estate properties without sharing it with the applicant, further justifying the revocation of the grant.

6. Conclusion:
The court ruled in favor of the applicant, revoking the grant of letters of administration issued to the respondents. It ordered the various banks to provide certified bank statements related to the estate within 14 days. The decision underscores the importance of including all rightful beneficiaries in estate matters and ensuring transparency in the management of estate assets.

7. Dissent:
There were no dissenting opinions presented in this case as it was uncontested.

8. Summary:
The High Court of Kenya revoked the grant of letters of administration issued to Priscillah Jepkoech Busienei and Laura Chemtai Biwott, recognizing Grace Chelimo Biwott and her children as beneficiaries of the estate of Christopher Kipngetich Biwott. The court ordered several banks to provide financial statements related to the estate, emphasizing the need for transparency and equitable distribution among all beneficiaries. This ruling highlights the court's commitment to upholding the rights of all parties in succession matters and ensuring that estate management is conducted fairly.

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