Maina & another v Chumo & 2 others (Citation Cause E003 of 2020)  KEHC 11426 (KLR) (13 July 2022) (Ruling)
Neutral citation:  KEHC 11426 (KLR)
Republic of Kenya
Citation Cause E003 of 2020
RN Nyakundi, J
July 13, 2022
Emily Jepkemei Maina
Stephen Kibet Kemboi
Ruth Jelagat Chumo
Rodah Chepchumba Chumba
Festus Kemboi Chuma
1.This citation refers to the estate of David Kipkemboi Chumo who died on May 22, 2017. He was survived by the following;Ruth Chelagat Chumo - WidowFestus Chumo – SonGeoffrey Kemboi Chumba – SonEmily Jepkemei Chuma – WidowStephen Kibet Kemboi – SonKipkoech Kemboi – SonLydia Cherop – DaughterRodah Chepchumba – WidowIllyne Chepngetich – DaughterKevin Kibiwott – SonFelix Kipruto – Son
2.In her affidavit in support of the citation the citor states that the deceased died intestate and left the following assets behind;a)Tulwet/Kesses/Block 4 (Lelmokwo)/37 – 43.56 HA. (108.9 Acres)b)Tulwet/Kesses/Block 4 (Lelmokwo)/105 – 5 Ha.c)Tractor KUK 324 and other Motor Vehicles.
4.The bone of contention is that the respondents have refused to convey a meeting on how to share the estate of the deceased. Further, that the respondents have started intermeddling with the deceased estate.
5.In the case of Josiah Muli Wambua – Deceased, Nairobi Succession Cause No. 2557 of 2012  eKLR, W. Musyoka – J stated the following at paragraph 9 of his ruling: -
6.Section 66 of the Law of Succession Act provides that:
7.The Citees have not responded to the application. Therefore, it is the finding of this court that the Citor’s Application has merit. It is undisputed that Ruth Chelagat Chumo, Emily Jepkemei Chuma and Rodah Chepchumba are positively identified as widows to the deceased. Therefore as per the provisions of Section 40 of the Law of Succession Act as read with Section 29 are entitled to claim the right to property of intestate estate of the deceased. Having said so in terms of Section 66 of the Act and Rule 73(1) of the Probate and Administration Rules I make the following declarations;(a)That besides the citor the above cited widows do petition for grant of letters of administration within 45 days from today’s ruling by filing the necessary forms and affidavits as espoused in the enabling provisions of the Succession Act. In default of compliance the parties so disobedient with the court order be cited for contempt of obstructing administration of justice.(b)That the process server of the High Court in liaison with the chief of the location in which the deceased domiciled or the current residential address do serve the citor and the widows with this court order for compliance.(c)Case conference status on September 21, 2022.(d)I make no orders to costs.
DATED, SIGNED AND DELIVERED VIA EMAIL AT ELDORET THIS 13TH DAY OF JULY, 2022.R. NYAKUNDIJUDGE