In re Estate of Edwin Kiptoo Koech alias Edwin Kiptoo Arap Koech (Deceased) (Succession Cause 59 of 2020) [2023] KEHC 3608 (KLR) (26 April 2023) (Ruling)
Neutral citation:
[2023] KEHC 3608 (KLR)
Republic of Kenya
Succession Cause 59 of 2020
RN Nyakundi, J
April 26, 2023
N THE MATTER OF THE ESTATE OF EDWIN KIPTOO KOECH alias EDWIN KIPTOO ARAP KOECH (DECEASED)
Ruling
1.Before me are Summons for Confirmation of Grant dated September 16, 2021 in which the Applicant, Titus Sorobit Kiptoo seeks orders that:1.That the grant of letters of administration intestate granted to Salina Jeptum Keny and Titus Sorobiot Kiptoo on November 19, 2020 be hereby confirmed.2.That costs of this application be provided for.
2.The application is premised on the grounds therein and it is further supported by the affidavit sworn by the Titus Sorobit Kiptoo on September 16, 2021.
The Applicant’s Case
3.The Applicant is one of the administrators of the estate of the late Edwin Kiptoo Koech Alias Edwin Kiptoo Arap Koech who died intestate on January 29, 2012 and the grant of letters of administration intestate was made to him on November 19, 2020. That six months have lapsed since the said grant was issued and that there is no estate duty payable in respect to the estate herein.
4.The Applicant deposed that deceased died intestate and was survived by the following persons:
JEbore Koech | Widow | Deceased |
Salina Jeptum Keny | Widow | Adult |
Titus Sorobit Kiptoo | Son | Adult |
Eliud Ngetich | Son | Adult |
Erick Kiprono Too | Son | Adult |
Thomas Koech | Son | Deceased |
Magdaline Jebet | Daughter | Adult |
Rael Jelagat Kiptoo | Daughter | Adult |
Mirriam Jerotich Koech | Daughter | Adult |
Moses Kipkorir Koech | Son | Adult |
Jonah Koech | Son | Adult |
Ruth Jeruto Koech | Daughter | Adult |
Mercy Sorobit | Daughter | Adult |
Naomi Jelimo | Daughter | Adult |
Bethwel Kirwa | Son | Adult |
Jahazel Cheruiyot | Son | Minor |
Noadiah Chebet | Daughter In Law | Adult |
Bethuel Kibet Sorobiot | Grandson | Adult |
Gilbert Kiplagat | Grandson | Adult |
Nancy J Cheptirim | Purchaser | Adult |
Wycliffe Mulikau Angolo | Purchaser | Adult |
Loilo Eruwan Eregae | Purchaser | Adult |
Joel K Kuragt | Purchaser | Adult |
Sammy Kiplimo Melly | Purchaser | Adult |
Isaac Kipkoech Kosgei | Purchaser | Adult |
Edwin Kiplagat Biwott | Purchaser | Adult |
Barnaba Kipkemboi Chumba | Purchaser | Adult |
Samson Kimutai Komen | Purchaser | Adult |
Gilbert Kibirir Kulei | Purchaser | Adult |
Kibet Arap Rop | Purchaser | Adult |
Wilfred Kiptanui Kipngetich | Purchaser | Adult |
Mathew Kipsom Lemlem | Purchaser | Adult |
Nixon Kipkorir Chelimo | Purchaser | Adult |
Benjamin Cheruiyot | Purchaser | Adult |
Caleb Kipchirchir Chepkwony | Purchaser | Adult |
Hosea Kiptanui Maiyo | Purchaser | Adult |
Cornelious Kiptoo | Purchaser | Adult |
Jeol Kiptoo Misoi | Purchaser | Adult |
Daneil Kipkemboi Tanui | Purchaser | Adult |
Kenneth Kipkoech Malakwen | Purchaser | Adult |
Risper Jelagat Tomno | Purchaser | Adult |
Sammy Kipngetich Keter | Purchaser | Adult |
Philip Kipnyango Bitok | Purchaser | Adult |
Isaac Kiptalam Chebet | Purchaser | Adult |
Hellen Jerotich Kimeli | Purchaser | Adult |
Maureen Jeptoo Ng’ososei | Purchaser | Adult |
Dickson Kiprono Kiptaraus | Purchaser | Adult |
Irene Tirop | Purchaser | Adult |
Simeon Some Kebenei | Purchaser | Adult |
Joseph Kiptarus Mutai | Purchaser | Adult |
Philemon Kipkemboi | Purchaser | Adult |
Isaac Chebor | Purchaser | Adult |
Nicholas Kiprotich Bunei | Purchaser | Adult |
Job Chepyegon | Purchaser | Adult |
Julius Kiplangat Yego | Purchaser | Adult |
Joel Kipketer Tenai | Purchaser | Adult |
Lucy Chepkosgei Tanui | Purchaser | Adult |
James Kibet Lagat | Purchaser | Adult |
Samuel Cheruiyot Ruto | Purchaser | Adult |
Isaac Kiprotich Samoei | Purchaser | Adult |
Samwel Kipsang Mutai | Purchaser | Adult |
Emily Jepchirchir Bett | Purchaser | Adult |
Petrolina Jesang Kipchoge | Purchaser | Adult |
Tereza Chepkemoi Sugut | Purchaser | Adult |
Tonny Kimutai Cheruiyot | Purchaser | Adult |
Joseph Kiplimo Meli | Purchaser | Adult |
James Tirop Atwele | Purchaser | Adult |
Lucy Cherop Sambu | Purchaser | Adult |
Mary Jepchumba Kibor | Purchaser | Adult |
Gabriel Mamett | Purchaser | Adult |
Korir Kibiegon Amos | Purchaser | Adult |
John Maitui Onon | Purchaser | Adult |
David Busienei | Purchaser | Adult |
Ezekiel Kipruto Kimosop | Purchaser | Adult |
Ruth Jebet Chelimo | Purchaser | Adult |
Peter Kipchirchir Muati | Purchaser | Adult |
Samuel Kiplagat Koech | Purchaser | Adult |
Sammy Kiprono Chesanga | Purchaser | Adult |
Samuel Kiplagat Arusei | Purchaser | Adult |
Robert Kibet Kigen | Purchaser | Adult |
Langat Henry | Purchaser | Adult |
Christine Jeruiyot Keitany | Purchaser | Adult |
Geoffrey Kipkemoi Mutai | Purchaser | Adult |
Philomen Kimutai Kemboi | Purchaser | Adult |
Silvester Kipchirchir Boit | Purchaser | Adult |
Henry Kiprono Yego | Purchaser | Adult |
Pauline Chepleting Bor | Purchaser | Adult |
Lilian Jepkoech | Purchaser | Adult |
Josphat Sang | Purchaser | Adult |
Eunice Chepkorir Rotch | Purchaser | Adult |
Eliud Kiptoo Koech | Purchaser | Adult |
Haron Kiplagat Kimwal | Purchaser | Adult |
Paul Kipkoech Rop | Purchaser | Adult |
Gilbert Rop Metto | Purchaser | Adult |
Elena Jepchai Kirior | Purchaser | Adult |
David Kiplagat Cheruiyot | Purchaser | Adult |
Paul Kipkemoi Korir | Purchaser | Adult |
Peter Kibet Kiptim | Purchaser | Adult |
Susan Jemtai Korir | Purchaser | Adult |
Robert Kipkemei | Purchaser | Adult |
Isaac Cheruiyot | Purchaser | Adult |
Henry Kiprono Bor | Purchaser | Adult |
David Tarus Chemei | Purchaser | Adult |
Nathan Kibet Mutai | Purchaser | Adult |
Samuel Kipkorir A Koech | Purchaser | Adult |
Enock Kiplagat Tumo | Purchaser | Adult |
Susan Akinyi Akello | Purchaser | Adult |
Allan Kipruto Sigilai | Purchaser | Adult |
Julius Kamaiyo Kibet | Purchaser | Adult |
Wilson Kiprop Lagat | Purchaser | Adult |
John Mwibanda Wesonga | Purchaser | Adult |
Collins Kipkoech Seur | Purchaser | Adult |
John Kiprono A Kirui | Purchaser | Adult |
Carolyne Jerotich Koech | Purchaser | Adult |
Douglas Kipkemboi | Purchaser | Adult |
William Kipyego Sawe | Purchaser | Adult |
Ruth Jepchirchir Kiplagat | Purchaser | Adult |
Julius Kipkalia Yator | Purchaser | Adult |
Julius Kiprotch Bett | Purchaser | Adult |
Denis Kimuati Ronoh | Purchaser | Adult |
Susan Chepchirchir Kirui | Purchaser | Adult |
Rashid Kibiwott Hassan | Purchaser | Adult |
Benjamin Ngengoi Kiprop | Purchaser | Adult |
Sylvia Jelimo Chemjor | Purchaser | Adult |
Henry Kipkesio Rop | Purchaser | Adult |
Chesang Kipkurui Charles | Purchaser | Adult |
Abraham Kipsang | Purchaser | Adult |
Irene Jepkemei Kemboi | Purchaser | Adult |
Bethuel Kiplagat Rugut | Purchaser | Adult |
Rose Jerotich Maina | Purchaser | Adult |
Lena Jepngetich Yego | Purchaser | Adult |
Duncan Kipchirchir Kosgei | Purchaser | Adult |
Joseph Kipchumba Kitur | Purchaser | Adult |
Stanely Kipkosgei Kemboi | Purchaser | Adult |
Jacob Hagai Kipkorir | Purchaser | Adult |
Felister Wanyoike | Purchaser | Adult |
Xavier Murgor Kosgei | Purchaser | Adult |
Bismark Kibet | Purchaser | Adult |
Abraham Barno | Purchaser | Adult |
Stellah Rotich | Purchaser | Adult |
Sharon Chepkorir Kipkalia | Purchaser | Adult |
Julius Kipkoros Mutai | Purchaser | Adult |
Chelangat Joyce Korir | Purchaser | Adult |
Sarah Serem | Purchaser | Adult |
5.The Applicant proposes that estate of the deceased known as LR NO Cheptiret/Cheplaskei BLK 5 (Chemenei) 87 be distributed as follows:
No. S | Name | Share |
1 | Salina Jeptum KenyTitus Sorobit Kiptoo | 5.42ha Share Equally |
2 | Titus Sorobit Kiptoo | 2.70ha |
3 | Nancy J Cheptirim | 0.202ha |
4 | Wycliffe Mulikau Angolo | 0.728ha |
5 | Loilo Eruwan Eregae | 0.202ha |
6 | Joel K Kuragt | 1.618ha |
7 | Sammy Kiplimo Melly | 0.202ha |
8 | Isaac Kipkoech Kosgei | 0.445ha |
9 | Edwin Kiplagat Biwott | 0.404ha |
10 | Barnaba Kipkemboi Chumba | 0.404ha |
11 | Samson Kimutai Komen | 0.404ha |
12 | Gilbert Kibirir Kulei | 0.486ha |
13 | Kibet Arap Rop | 1.01ha |
14 | Wilfred Kiptanui Kipngetich | 1.618ha |
15 | Mathew Kipsom Lemlem | 0.425ha |
16 | Nixon Kipkorir Chelimo | 0.202ha |
17 | Benjamin Cheruiyot | 0.404ha |
18 | Caleb Kipchirchir Chepkwony | 0.142ha |
19 | Hosea Kiptanui Maiyo | 0.404ha |
20 | Cornelious Kiptoo | 0.12ha |
21 | Joel Kiptoo Misoi | 0.202ha |
22 | Daneil Kipkemboi Tanui | 0.12ha |
23 | Kenneth Kipkoech Malakwen | 0.283ha |
24 | Risper Jelagat Tomno | 0.101ha |
25 | Sammy Kipngetich Keter | 0.81ha |
26 | Philip Kipnyango Bitok | 0.081ha |
27 | Isaac Kiptalam Chebet | 0.81ha |
28 | Hellen Jerotich Kimeli | 0.404ha |
29 | Maureen Jeptoo Ng’ososei | 0.202ha |
30 | Dickson Kiprono Kiptaraus | 0.162ha |
31 | Irene Tirop | 1.618ha |
32 | Simeon Some Kebenei | 1.21ha |
33 | Joseph Kiptarus Mutai | 0.890ha |
34 | Philemon Kipkemboi | 0.202ha |
35 | Isaiah Chebor | 1.699ha |
36 | Nicholas Kiprotich Bunei | 2.549ha |
37 | Job Chepyegon | 0.81ha |
38 | Julius Kiplangat Yego | 0.850ha |
39 | Joel Kipketer Tenai | 1.618ha |
40 | Lucy Chepkosgei Tanui | 0.404ha |
41 | James Kibet Lagat | 0.121ha |
42 | Samuel Cheruiyot Ruto | 1.699ha |
43 | Samuel Cheruiyot Ruto | 1.618ha |
44 | Isaac Kiprotich Samoei | 3.64ha |
45 | Samwel Kipsang Mutai | 0.526ha |
46 | Emily Jepchirchir Bett | 0.81ha |
47 | Petrolina Jesang Kipchoge | 1.295ha |
48 | Tereza Chepkemoi Sugut | 0.202ha |
49 | Tonny Kimutai Cheruiyot | 0.283ha |
50 | Joseph Kiplimo Meli | 1.618ha |
51 | Joseph Kiplimo Meli | 0.046ha |
52 | James Tirop Atwele | 0.485ha |
53 | Lucy Cherop Sambu | 0.81ha |
54 | Mary Jepchumba Kibor | 1.295ha |
55 | Gabriel Mamett | 1.21ha |
56 | Korir Kibiegon Amos | 0.404ha |
57 | John Maitui Onon | 0.445ha |
58 | David Busienei | 0.81ha |
59 | Ezekiel Kipruto Kimosop | 1.121ha |
60 | Ezekiel Kipruto Kimosop | 1.21ha |
61 | Peter Kipchirchir Muati | 0.688ha |
62 | Samuel Kiplagat Koech | 0.404ha |
63 | Sammy Kiprono Chesanga | 0.81ha |
64 | Samuel Kiplagat Arusei | 0.890ha |
65 | Robert Kibet Kigen | 0.607ha |
66 | Langat Henry | 0.81ha |
67 | Christine Jeruiyot Keitany | 1.618ha |
68 | Geoffrey Kipkemoi Mutai | 0.607ha |
69 | Philomen Kimutai Kemboi | 0.081ha |
70 | Silvester Kipchirchir Boit | 1.01ha |
71 | Henry Kiprono Yego | 0.202ha |
72 | Pauline Chepleting Bor | 0.202ha |
73 | Lilian Jepkoech | 0.404ha |
74 | Josphat Sang | 0.607ha |
75 | Eunice Chepkorir Rotch | 0.234ha |
76 | Eliud Kiptoo Koech | 1.01ha |
77 | Haron Kiplagat Kimwal | 0.607ha |
78 | Paul Kipkoech Rop | 0.202ha |
79 | Gilbert Rop Metto | 0.607ha |
80 | Elena Jepchai Kirior | 0.081ha |
81 | David Kiplagat Cheruiyot | 0.12ha |
82 | Paul Kipkemoi Korir | 0.1618ha |
83 | Peter Kibet Kiptim | 0.607ha |
84 | Susan Jemtai Korir | 0.404ha |
85 | Robert Kipkemei | 1.052ha |
86 | Eunice Chepkorir Rotich | 0.8498ha |
87 | Isaac Cheruiyot | 0.081ha |
88 | Moses Kipkorir Koech | 1.65ha |
89 | Henry Kiprono Bor | 0.202ha |
90 | David Tarus Chemei | 1.21ha |
91 | Nathan Kibet Mutai | 1.618ha |
92 | Samuel Kipkorir A Koech | 0.404ha |
93 | Enock Kiplagat Tumo | 0.404ha |
94 | Susan Akinyi Akello | 0.404ha |
95 | Allan Kipruto Sigilai | 0.12ha |
96 | Julius Kamaiyo Kibet | 0.526ha |
97 | Wilson Kiprop Lagat | 0.202ha |
98 | John Mwibanda Wesonga | 2.873ha |
100 | Collins Kipkoech Seur | 0.263ha |
101 | John Kiprono A Kirui | 1.618ha |
102 | Carolyne Jerotich Koech | 0.607ha |
103 | Douglas Kipkemboi | 0.32ha |
104 | William Kipyego Sawe | 0.81ha |
105 | Ruth Jepchirchir Kiplagat | 0.404ha |
106 | Julius Kipkalia Yator | 0.404ha |
107 | Julius Kiprotch Bett | 0.404ha |
108 | Denis Kimuati Ronoh | 0.38ha |
109 | Denis Kimuati Ronoh | 0.202ha |
110 | Denis Kimuati Ronoh | 0.38ha |
111 | Susan Chepchirchir Kirui | 0.06ha |
112 | Rashid Kibiwott Hassan | 0.404ha |
113 | Benjamin Ngengoi Kiprop | 1.618ha |
114 | Sylvia Jelimo Chemjor | 0.202ha |
115 | Henry Kipkesio Rop | 0.688ha |
116 | Henry Kipkesio Rop | 2.02ha |
117 | Chesang Kipkurui Charles | 0.607ha |
118 | Abraham Kipsang | 0.081ha |
119 | Irene Jepkemei Kemboi | 0.607ha |
120 | Irene Jepkemei Kemboi | 0.607ha |
121 | Bethuel Kiplagat Rugut | 2.02ha |
122 | Rose Jerotich Maina | 0.81ha |
123 | Nathan Kibet Mutai | 0.081ha |
124 | Jacob Hagai KipkorirFelister Wanyoike | 0.607ha Share Equally |
125 | Xavier Murgor Kosgei | 0.202ha |
126 | Bismark Kibet | 0.202ha |
127 | Abraham Barno | 0.046ha |
128 | Stellah Rotich | 0.046ha |
129 | Bethuel Kibet Sorobiot | 0.069ha |
130 | Sharon Chepkorir Kipkalia | 0.046ha |
131 | Kibet Arap Rop | 1.21ha |
132 | Joseph Kiplimo Melly | 0.046ha |
133 | Ezekiel KiprutoRuth Jebet Chelimo | 0.046haShare Equally |
134 | Gilbert Rop Metto | 0.046ha |
135 | Denis Kimutai Ronoh | 0.069ha |
136 | Henry Kipkesio Rop | 0.046ha |
137 | Salina Cheptum KenyJohan KoechNoadiah Chebet | 0.069haShare Equally |
Julius Kipkoros Mutai | 0.046ha | |
Chelangat Joyce KorirKorir Kipyegon Amos | 0.404haShare Equally |
6.The Applicant further proposes that estate of the deceased known as LR NO Cheptiret/Cheplaskei BLK 2 (Chemenei) 12 be distributed as follows:
No. S | Name | Share |
1 | Salina Cheptum Keny | 4.04ha |
2 | Lena Jepngetich Yego | 0.607ha |
3 | Duncam Kipchirchir Kosgei | 0.404ha |
4 | Joseph Kipchumba Kitur | 0.404ha |
5 | Stanley Kipkosgei Kemboi | 0.607ha |
6 | Johah Koech | 2.55ha |
7 | Sarah Serem | 0.81ha |
The 1st Petitioner’s/ Respondent’s Case
7.The application is opposed by Salina Jeptum Keny, the 1st Petitioner vide her affidavit of protest dated September 23, 2022.
8.The Respondent does not agree with proposed mode of distribution by the Applicant.
9.The Respondent maintains that the deceased herein was married to two wives, herself and one Nelly Chebore Koech (Deceased).
10.The Respondent deposed that she and the deceased solemnized their marriage on November 23, 1991 after the death of his first wife in the year 1990. That the deceased had (10) children with the first wife and (5) children with her.
11.The Respondent further maintains that the deceased herein owned two parcels of land which are the subject of distribution in this cause. Further that at the time of their marriage the she and the deceased resided in the house he had earlier on built which house she and her children continue to occupy to date.
12.The Respondent is aware that the during the lifetime of the deceased he sold portions of land constituting part of the estate.
13.According to the Respondent some of the beneficiaries from the 1st House have since sold portions of the estate of the deceased’s estate after his demise. The Respondent admits to also having sold a portion of the estate so as to enable her meet her children’s basic needs as they all solely depended on the deceased during his lifetime.
14.The Respondent contends that selling land belonging to a deceased person after his demise and before obtaining the grant is null and void ab nitio. The Respondent proposes that the purchasers who bought land from the deceased be deemed as beneficiaries and that the said purchasers do provide the requisite sale agreements as proof of their claims.
15.The Respondent proposes that the purchasers who purchased land after the death of the deceased herein do await the identification of the share of their vendors who will then effect transfers in their favour.
16.The Respondent wants the net residue estate to be identified first before the estate of the deceased can be distributed to the rightful beneficiaries.
17.According to the Respondent there is a likelihood of some of the beneficiaries being disadvantaged as others may have sold more than what would be their legal entitlement hence amounting to a miscarriage of justice.
18.The Respondent wants the estate to be distributed equally between the two houses in line with the provisions of Section 40 of the Law of Succession Act.
Determination
19.I have, considered the law applicable in this matter and all the proposals on the mode of distribution of the estate that have been placed before me.
20.From onset I must mention it is not in dispute that the deceased herein was a polygamous man having married two wives being the 1st Petitioner/Respondent herein and one Nelly Chebore Koech (Deceased).
21.From the facts presented before this Court is not also in dispute that during his lifetime the deceased sold part of the land forming his estate to third parties.
22.By admission both the Applicant and the Respondent have stated that they have intermeddled with estate of the deceased after his demise. That they have both sold part of the land forming the estate to third parties.
23.The Applicant herein wants the estate of the deceased to be distributed as per the above mode of distribution whereas the Respondent wants the estate to be distributed in accordance with the provisions of Section 40 of the Law of Succession Act.
24.While appreciating that part of the land forming the estate of the deceased had be sold. From the Applicant’s proposed mode of distribution am not able to established from the long list of persons listed as purchasers which of the said purchasers are bona fide purchasers and those who are not.
25.Having found so, it is evident from the record that the parties herein do not agree on the mode of distribution that should be adopted by the Court in devolving the deceased’s estate to the respective beneficiaries.
26.The law that guides this Court in such matters is Section 40 of the Law of Succession Act which primarily provides as follows;(1)'Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate, shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children.(2)The distribution of the personal and household effects and the residue of the net interest within each house shall then be in accordance with the rules set out in sections 35 to 38'
27.The Court in Re Estate Of John Musambayi Katumanga – Deceased [2014] eKLR held as follows:
28.Further, In the Matter of the Estate of Nelson Kimotho Mbiti (Deceased) HCSC NO 169 of 2000, Koome J, directed that the estate of a polygamist be divided in accordance with the provisions of Section 40 of the Act. The estate was divided into units according to the number of children in each house with the widows being added as additional units. The same reasoning was also applied by Judge Ali Roni in the Estate of Ainea Masinde Walubengo (Deceased) (2017) eKLR stating that 'I am of the view that Section 40 of the Law of Succession Act will apply to the circumstances of this Case. Meaning that the Court will distribute the estate of the deceased according to each house taking into account the number of children in each unit including the surviving widow.'
29.At this juncture it worth pointing out that Article 27 of the Constitution 2010 provides that every person is equal in the eyes of the law and before the law; and the Article goes further to state that there should be no discrimination on any ground including gender which encompasses marital status; the Constitution does not allow discriminatory rules and customs in matters of personal law, including inheritance.
30.There ought to be no classification into categories of male, female, married or unmarried; there ought to be no discrimination against the male or female children of a deceased person; nor discrimination between the married daughters and unmarried daughters of a deceased person.
31.Accordingly, as the parties were unable to agree on the distribution, I direct that the estate of the deceased be distributed as follows: -a.That LR NO Cheptiret/Cheplaskei BLK 5 (Chemenei) 87 be distributed to the 1st House and 2nd House and be shared equally to the beneficiaries. Where a beneficiary is dead their respective share to be translated to a nominee in their estate.b.That LR NO Cheptiret/Cheplaskei BLK 2 (Chemenei) 12 be distributed to the 1st House and 2nd House and be shared equally to the beneficiaries. Where a beneficiary is dead their respective share to be translated to a nominee in their estate.c.The County Surveyor, Uasin Gishu County to conduct a survey for purposes of distributing parcels of land known as LR NO Cheptiret/Cheplaskei BLK 5 (Chemenei) 87 and LR NO Cheptiret/Cheplaskei BLK 2 (Chemenei) 12 respectively to the bona fide purchasers who meet the criteria in Section 93 of the Law of Succession Act.d.Costs of the survey to be borne by the estate.e.The grant of letters of administration granted to Salina Jeptum Keny And Titus Sorobit Kiptoo on November 19, 2020 be and is hereby confirmed. The Administrators do provide an addendum particularizing the number of beneficiaries in each unit.f.Each party shall bear its own costs noting that the claim herein is a succession cause involving members of one family.It is ordered so.
DATED AND DELIVERED AT ELDORET THIS 26TH DAY OF APRIL, 2023.…………………………………..R.NYAKUNDIJUDGE