Court issues fresh grant to family of Bargentuny in Sh200m estate row
Rift Valley
By
Patrick Kibet
| Dec 30, 2023
The High Court in Kapsabet has issued fresh letters of administration to four children of late Kanu stalwart Ezekiel Barngetuny.
Barngetuny, who died in December 2013, left behind a Sh200 million estate that has been contested in court for the last nine years.
Justice Joseph Karanjah also nullified letters of administration which had been granted to Barngetuny’s eldest son, Erick Kipkemboi Barngentuny.
He instead directed three family members to be added to jointly oversee the distribution of the estate.
On August 22, 2014, a petition for letters of administration was filed by Erick, alongside the widow Roseline Barngetuny and four daughters.
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In October of the same year, the court issued the grant to Erick, who undertook to administer the estate and oversee distribution within six months.
However, the court noted that the administrator failed to comply with the law and had not arrived at a consensus with all beneficiaries of the estate on the matter of distribution.
The court noted that the record shows that there was a stalemate not only in the distribution of the estate but also in the appointment of Erick as the sole administrator of the estate.
“Therefore, for purposes of unlocking the stalemate in an amicable and expeditious manner, the parties opted for an alternative dispute resolution mechanism by way of mediation,” the court noted.
Justice Karanjah added that the order for issuance of fresh grant in the names of the four administrators was made by the court on September 24, 2019.
The judge, while nullifying a previous grant issued in July 2022, directed Edna Cheptum Sang, Leo Kipkeny and Ogla Jemel to be appointed alongside Erick.
He further directed the administrators to take steps to determine the actual estate property, actual beneficiaries and thereafter take fresh grant within six months.