In re Estate of William Kiprogony Keter (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Kericho
Category
Civil
Judge(s)
A.N. Ongeri
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of William Kiprogony Keter (Deceased) [2020] eKLR, detailing key legal findings and implications for estate law.

Case Brief: In re Estate of William Kiprogony Keter (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of the Late William Kiprognony Keter (Deceased)
- Case Number: Succession Cause No.4 of 2017
- Court: High Court of Kenya at Kericho
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): A.N. Ongeri
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around the revocation of a previous consent order regarding the distribution of the estate of the deceased, William Kiprognony Keter, and the procedural steps to resolve disputes among the beneficiaries and administrators of the estate.

3. Facts of the Case:
The parties involved in this case include Steven Barry Chebochok and Richard Malakwem Arap Chebochok, who are the 1st and 2nd Objectors/Applicants, respectively, and Jonathan Kibaibai Arap Rogony, Philip Kipyegon Mason, and Erick Kibii Arap Rogony, who are the Respondents and administrators of the estate. William Kiprognony Keter passed away on October 13, 2005. Following his death, Succession Cause No.17 of 2007 was initiated at Nakuru Law Courts and later transferred to the High Court of Kenya at Kericho, becoming Succession Cause No.4 of 2017. A Certificate of Confirmation for the estate was issued on June 23, 2008, and rectified on January 19, 2009.

4. Procedural History:
The case has undergone several procedural stages, including the filing of a consent order on June 5, 2018, which was ratified by the court on June 21, 2018. However, subsequent summons for revocation were filed by the Objectors on September 24, 2018. The court directed that the hearing proceed via viva voce evidence, but the hearing had not yet taken place as of the last mention. A family consultative meeting was held on August 29, 2020, but not all parties were present, leading to further complications in reaching a settlement.

5. Analysis:
- Rules: The court considered the provisions of Article 159 of the Constitution of Kenya, which promotes alternative dispute resolution methods, including reconciliation and mediation. This constitutional mandate emphasizes resolving disputes amicably and efficiently.
- Case Law: The court referenced previous cases that underscore the importance of family meetings and the need for beneficiaries to engage in discussions about estate distribution. However, specific case citations were not detailed in the context.
- Application: The court applied these rules and principles by directing the parties to file witness statements within 14 days and set a hearing date for the summons for revocation. The absence of some beneficiaries from the family meeting was noted as a significant factor in the ongoing disputes regarding the estate.

6. Conclusion:
The court did not issue a final ruling on the substantive issues but instead directed the parties to continue with the procedural steps necessary for resolving the case. The broader implication of this decision highlights the court's commitment to promoting alternative dispute resolution methods in succession matters.

7. Dissent:
There are no dissenting opinions noted in the case, as the proceedings appear to be ongoing without a final judgment or ruling on the merits of the case.

8. Summary:
The case revolves around the estate of William Kiprognony Keter, with disputes arising among beneficiaries and administrators regarding its distribution. While a consent order was previously established, subsequent applications for revocation have led to ongoing procedural hearings. The court's emphasis on alternative dispute resolution underscores the importance of cooperation among family members in resolving such disputes. The next hearing is set for October 29, 2020, to further address the issues presented.

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