Automated Summary
Deceased Name
Paul Kiprotich Ngetich
Key Facts
The case involves the estate of Paul Kiprotich Ngetich, a 44-year-old man who died on 29th November 2001 from cardiopulmonary arrest due to respiratory failure from metastatic lung P'se. His widow (42 years old) and brother filed for letters of grant in 2002. The deceased left two daughters (21, 14 years old in 2009) and three sons (18, 16, 12 years old in 2009). Temporary letters of grant were issued on 3rd April 2002 (P&A 41), and Form P&A 30 was filed on 25th October 2002. Assets include 'Benefits' from the deceased's employer, land in Kericho/Kabartegan (745 and 1106, 1.3 Ha), and a motor vehicle (KAG 516Y). An advocate was on record by 9th July 2009, and the court ruled the file is in order but requires formal application after asset disclosure.
Issues
- Whether the assets described as 'Benefits' from the deceased's employer must be disclosed prior to formal application for confirmation of the grant of letters intestate. The court directed that this disclosure is necessary before proceeding.
- Whether the formal application for confirmation of grant (Form 108 and P&A 9) must be filed after completing required asset disclosure and other procedural steps. The advocate on record (S. K. Chelule) was instructed to ensure compliance.
- Whether the Law of Succession Cause is in order, with specific focus on the deceased Paul Kiprotich Ngetich (aged 44 at death on 29 November 2001), the validity of the Kenya Gazette notice (19 December 2001), Form P&A 30 (25 October 2002), and the temporary letters of grant (P&A 41, 3 April 2002). The court confirmed the Deputy Registrar's authority to handle Probate matters.
Date of Death
2001 November 29
Holdings
The papers filed are now in order.
Remedies
The court confirms the forms filed are in order and orders the advocate to formally apply for confirmation of grant of letters intestate after disclosing the deceased's employer benefits.
Will Type
Intestacy
Probate Status
Probate status is pending formal application after required asset disclosure.
Succession Regime
Governed by Kenya's common law intestacy rules as the deceased died without a will
Executor Name
- Betty Cherotich
- Francis Ngetich
Executor Appointment
Administrator
Judge Name
Visram J
Beneficiary Classes
- Child / Issue
- Spouse / Civil Partner
Passage Text
- Formal application for confirmation of grant be filed after above has been done. Form 108 and P&A 9.
- The position of this file is that the assets described as 'Benefits' from the deceased employer should be disclosed.