In re Estate of the Late Kariuki Kanyotu (Deceased) (Probate & Administration E90 of 2005) [2025] KEHC 11056 (KLR) (28 July 2025) (Ruling) Neutral citation: [2025] KEHC 11056 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET PROBATE & ADMINISTRATION E90 OF 2005 RN NYAKUNDI, J JULY 28, 2025 IN THE MATTER OF THE ESTATE OF THE LATE KARIUKI KANYOTU (DECEASED) IN THE MATTER OF JAMES KINUTHIA KARIUKI ....................................................... 1ST PETITIONER JOHANA KAMAU ........................................................................... 2ND PETITIONER RULING Coram: Before Justice R. Nyakundi 1. 2. What is pending before this court for determination is an application dated 9th day of July 2025 seeking the following orders: a. Spent b. That this honorable Court be pleased to reinstate this succession cause the same having been dismissed for want of prosecution on 26th May 2025 c. That costs of this application be in the cause. The Application is based on the grounds on the face of it among others: a. That this matter came up for mention on 20th April 2022 b. That the matter was dismissed for want of prosecution c. That the applicants were not aware of the said date when the matter was dismissed d. That the mention notice which was sent to them through the office of the Chief did not reach to the applicants on time e. That it is until recently when they got the said notice from the Chief and the matter had already been dismissed https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11056/eng@2025-07-28 1
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f. 3. That the applicants are keen on finalizing this matter to a conclusion The Application is supported by the annexed affidavit of James Kinuthia Kariuki who avers as follows: a. That I am male adult of sound mind and therefore competent to swear this affidavit and state as follows; b. That I am the 2nd applicant herein and I swear this affidavit on my behalf and that of the 1st Applicant who has authorized me to do so c. That this matter came up for mention on 26th May 2025 d. That consequently, the matter was dismissed for prosecution e. That the mention notice was sent to them through the office of the Chief but the same did not reach us on time. f. That by the time we learnt of the said notice, the matter had already been dismissed g. That we had absolutely no reason to neglect to attend court on 26th May 2025 had the notice reached us on time h. That I am aware that this matter was filed over twenty years ago but the delay has been caused by some beneficiaries who have been away from the country i. That we are keen on finalizing this matter to a conclusion and all the beneficiaries have agreed on the mode of the distribution of the estate of the deceased j. That it is the interest of justice that this cause is reinstated Decision 4. As a consequence of the above in terms of section 1(A), 1(B), 3, 3(A) of the CPA as read with Rule 73 (1) of the Probate Administration Rules, the succession cause be and is hereby reinstated and the same be fixed for pre-trial conference on 16th September 2025 before court 3 session Judge Ominde J. GIVEN UNDER MY HAND AND SEAL OF THIS COURT THIS 28TH JULY 2025. ……………………………. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11056/eng@2025-07-28 2
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