Samuel Karanja Kinuthia & 1 other v Jackson Muigai Mungai & 1 other

In re Estate of the Late Mungai Muigai (Deceased) (Succession Cause 48 of 2013) [2025] KEHC 3301 (KLR) (Family) (20 March 2025) (Directions) Neutral citation: [2025] KEHC 3301 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 48 OF 2013 HK CHEMITEI, J MARCH 20, 2025 BETWEEN SAMUEL KARANJA KINUTHIA ................................................... 1ST APPLICANT STEPHEN KONGO KINUTHIA ..................................................... 2ND APPLICANT AND JACKSON MUIGAI MUNGAI ..................................................... 1ST RESPONDENT EDITH MUTHONI MUIGAI ...................................................... 2ND RESPONDENT DIRECTIONS 1. The court has perused the application dated 22nd June 2022 by the applicants seeking among others to revoke the grant issued to the respondents and confirmed on 23rd February 2015. They also seek to issue orders restricting any action in the estates shares and properties. 2. The respondents have filed several afidavits indicating their objection and that the applicants have no right to have the grant revoked. 3. I have perused the said afidavits and they raise factual issues. For example, they argue that there was a meeting that took place on 17th October 1992 and there are minutes to that effect. The said minutes indicates how the deceased desired the estate to be divided. 4. These and many other factual issues cannot be determined by way of afidavits alone. There ought to be oral evidence so that the same can be tested by way of cross examination. 5. In the premises I direct that:(a) The objection proceedings be determined by way of viva voce evidence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/3301/eng@2025-03-20 1

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