Former Ainabkoi MP the late William Chepkut's widow Milcah Jepngetich Samoe (centre) her son Nicholas Kibiwot Chepkut (left) and Lawyer Danson Omari address the media at Omari's office in Nairobi. The widow claims she has been left out Chepkut's burial and other benefits as a wife . October 15th,2022. [Elvis Ogina,Standard]
The late former Ainabkoi MP estate at the centre of a court battle
Counties
By
Julius Chepkwony
| Feb 07, 2025
A gazette notice recognizing former Ainabkoi MP William Chepkut’s siblings and a son as administrators of his vast estate has been revoked.
Eldoret High Court Judge Reuben Nyakundi ordered that the notice dated October 4, 2024, recognising Daniel Kiprotich Chirchir (brother), Caroline Jebiwott Chirchir (sister), and Christian Kipkoech Chirchir Chepukut (son) as administrators to the estate of the late Chepkut be annulled for being tainted with acts of misrepresentation and non-disclosure on their part.
“As a consequence, the gazette notice dated October 4, 2024, No. 12917, legally recognising Daniel Kiprotich Chirchir, Caroline Jebiwott Chirchir, and Christian Kipkoech Chirchir Chepukut as administrators to the estate of the deceased, be annulled for being tainted with acts of misrepresentation and non-disclosure on the part of the petitioners,” ordered the court.
Kiprotich, Jebiwott Chirchir, and Kipkoech, in their respective capacities as siblings and offspring of the deceased, had jointly filed a petition seeking Letters of Grant of Administration of the estate, attracting contentious applications.
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An October 4, 2024, gazette notice indicated that Kiprotich, Jebiwott Chirchir, and Kipkoech had applied for a grant of letters of administration intestate to the estate of Chepkut, who died at Parklands, on October 8, 2022.
The notice stated that the court would proceed to issue the grant unless there was an objection. Milcah Jepngetich Samoei and Betcy Cheruto Birgen, who identified themselves as widows of Chepkut deceased, objected to the application.
Jepngetich sought to stay the publication of the cause in the Kenya Gazette and any further proceedings.
As a surviving spouse, she said she ranks higher together with her children as beneficiaries to the deceased estate in exclusion of other claimants who will be under a duty to establish their dependency under Section 29 of the Act.
Cheruto, in her objection, said she ranks in priority to the siblings of the deceased in applying for a grant of letters of administration; hence, the same ought not to be granted in their favour.
Dassie Negussie Ambasie also moved to court on October 25, 2024. She claimed she was the third wife of the deceased.
Ambasie, in her application, informed the court that Kiprotich, Jebiwott, and Kipkoech petitioned for a grant of letters of administration intestate without notice or citation to her or any of her two other co-wives.
She asked the court to issue a restraining order against the Parliamentary Service Commission from releasing the monetary benefits owed to the deceased to any person unless otherwise ordered by the court.
The court, she said, should also issue orders apportioning the monetary benefits of the deceased in equitable percentages amongst the three wives and the mother of the deceased. The court, she added, should order the issuance of the grant of letters of administration in favour of the joint names of the wives of the deceased.
Kiprotich, in a response to Jepngetich's objection, said she had been estranged from the deceased for more than ten years before his demise. He said Jepngetich had filed a case seeking the dissolution of her marriage with Chepkut.
He said the divorce case was scheduled for hearing on January 19, 2023, and it was only after Chepkut passed that she filed a notice of withdrawal on January 30, 2023.
Kiprotich maintained that they legitimately included all Chepkut’s children as beneficiaries, including those of Jepngetich despite the estrangement.
Kiprotich further opposed the application by Cheruto. He said Cheruto was not Chepkut’s widow as alleged.
Judge Reuben Nyakundi, in a ruling delivered last week, noted that there is no doubt Jepngetich is the spouse of the deceased, notwithstanding that at one time they had differences, but the same never ended at the dissolution of the marriage.
“Based on the legal architecture of the Law of Succession Act, I find that the 1st and 2nd (brother and sister) petitioners herein are siblings to the deceased, and unless otherwise proven by way of evidence of them being dependents of the deceased during his lifetime, they are not entitled to benefit from the estate,” ruled the court.
The court noted that as Chepkut was survived by a spouse and children, his siblings are not entitled to rank superior against the nuclear family to entitle a benefit from the deceased’s intestate estate.
The court noted that Jepngetich who was the first objector discharged the standard and burden of proof for it to invoke the provisions of Section 76 of the Law of Succession Act to quash all those proceedings initiated by the respondents on January 15, 2023, seeking leave of the court to be appointed as administrators to the estate of Chepkut.
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