In re Estate of Tabutany Chepngeno Maina (Deceased) (Succession Cause 48 of 2014) [2022] KEHC 14031 (KLR) (7 October 2022) (Judgment)

Key Facts

Deceased Name

Issues

• Whether the protestor, Simon Kipkemoi Maritim, is legally entitled to a share of the disputed parcel of land based on his claims of familial relationship and prior tribunal rulings.
• Whether the deceased, Tabutany Chepngeno Maina, held the subject parcel of land (Kericho/Kabianga/1716) as a trustee for all beneficiaries of Kanga Maina's estate.

Date of Death

Holdings

• The court determined that it does not have jurisdiction to resolve claims regarding the ownership of registered land or the declaration of trusts, as these matters fall under the Environment and Land Court. The court cited several precedents to support this position, including Re Estate Of Kanyeki Kimatu (deceased) [2020] eKLR and Monica Wangari Njiri & 4 Others v Eunice Wanjiru Igamba & Another [2016] eKLR.
• The court dismissed the Protest as lacking in merit, finding that the Protestor failed to meet the burden of proof under Section 29 of the Laws of Succession. The court noted the absence of evidence supporting the Protestor's claims of dependency or entitlement to the estate.
• The court validated the Petitioner's claim as the sole beneficiary of the deceased's estate under the Kipsigis Woman to Woman Customary Law. It found that the Petitioner's marriage to the deceased was legally recognized under customary law, entitling her and her children to inheritance rights.
• The court concluded that the Protestor is not entitled to a share of the suit property (Kericho/Kabianga/1716) because the property did not belong to his grandfather, Kanga Maina, as alleged. The court rejected the Protestor's assertion that the land was jointly owned by his grandmother Leah Chepsotin and the deceased.
• The court directed that each party bears its own costs of the protest proceedings. The Petitioner was granted a 30-day period to confirm the grant of letters of administration.
• The court found that the Protestor's claim that the deceased held the land in trust for all beneficiaries of Kanga Maina was not supported by tangible evidence. The court emphasized that the Land Dispute Tribunal's findings on the matter were not binding and that the Tribunal lacked the mandate to determine title or ownership of registered land.

Remedies

• The protest was dismissed as it was found to lack in merit. The court directed that each party bears its own costs of the protest. The petitioner was directed to take a date for confirmation of the grant within 30 days of the judgment date.
• The petitioner was directed to take a date for confirmation of the grant within 30 days of the judgment date.
• The court directed that each party bears its own costs of the protest.

Will Type

Probate Status

Legal Principles

• The court emphasized the legal principle that a party asserting a claim must prove the facts supporting it under Sections 107 and 109 of the Evidence Act. The judge cited cases like Evans Nyakwana v Cleophas Bwana Ongaro and Kivui v Nzau, stating that the burden of proof lies with the plaintiff, and if unmet, the claim fails. The objector's allegations were dismissed for lacking tangible evidence.
• The court held that it lacks jurisdiction to determine land ownership or trusts, as these matters fall under the Environment and Land Court. This was reinforced by references to cases like Re Estate Of Kanyeki Kimatu and Monica Wangari Njiri v Eunice Wanjiru Igamba, which clarified the probate court's limited mandate and the ultra vires nature of its involvement in land disputes.

Succession Regime

Precedent Name

• Kivui v Nzau (civil Appeal 110 Of 2018)
• Evans Nyakwana v Cleophas Bwana Ongaro
• Re Estate Of Kanyeki Kimatu (deceased)
• Ernest Kinyanjui Kimani v Muiru Gikanga & Another
• Monica Wangari Njiri & 4 Others v Eunice Wanjiru Igamba & Another
• Eunita Anyango Geko & Another v Philip Obunga Orinda Kisii High Court Misc. C.A No. 1 of 2013
• Joseph Malakwen Lelei & Another v Rift Valley Land Disputes Appeals Committee & 2 Others
• Republic v Chairman, Mauche Land Dispute Tribunal & Another Ex Parte Elisha K. Rotich; Christopher K. Koech (interested Party)
• Monica Jesang Katam v Jackson Chepkwony & another

Executor Name

Cited Statute

• Evidence Act
• Probate and Administration Rules
• Environment and Land Court Act
• Law of Succession Act
• Land Disputes Tribunals Act

Executor Appointment

Judge Name

Passage Text

• The court held that it does not have jurisdiction to resolve proprietary interests on land based on alleged trusts, citing Re Estate Of Kanyeki Kimatu (deceased) [2020] eKLR and Monica Wangari Njiri & 4 Others v Eunice Wanjiru Igamba & Another [2016] eKLR.
• The court validated the petitioner's status as the sole beneficiary under Kipsigis customary law, recognizing the woman-to-woman marriage and inheritance rights as per Wilfred Mongare Orina v Askah Mocheche Momanyi [2019] eKLR.
• The court dismissed the protestor's claim, finding no tangible evidence to support the assertion that the deceased held the land in trust for beneficiaries of Kanga Maina.

Beneficiary Classes

• Spouse / Civil Partner
• Child / Issue