Miyare t/a Miyare & Company Advocates v Mbugua (As Administrator of the Estate of Jane Wambui Mbugua - Deceased) (Civil Case E267 of 2024) [2025] KEHC 13837 (KLR) (Civ) (1 July 2025) (Ruling) Neutral citation: [2025] KEHC 13837 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL CASE E267 OF 2024 SIFUNA NIXON, J JULY 1, 2025 BETWEEN GEORGE MIYARE T/A MIYARE & COMPANY ADVOCATES .......... PLAINTIFF AND SAMUEL MUGO MBUGUA (AS ADMINISTRATOR OF THE ESTATE OF JANE WAMBUI MBUGUA - DECEASED) ..................................................... DEFENDANT RULING 1. This ruling is on the Defendant’s Preliminary Objection dated 18th January 2025. The same is that this suit is filed in the wrong Division of the High Court, i.e in the Civil Division; hence that therefore a Judge in this Division (The High Civil Division) lacks jurisdiction to try it. That this Suit ought to have been filed in the High Court Family Division as it arises from High Court Succession Cause No. E618 of 2021, which was in that Division. 2. Whereas he has in his Objection urged the Court to strike out this Suit, the Defence Counsel has in arguing the Objection changed course and instead urged this Court to transfer this suit from this Division, to the High Court Family Division where he holds it belongs. 3. The Plaintiff has on his part opposed the Objection; mainly on the ground that the Objection is not raising a pure point of law as required of preliminary objections. He has in support of his opposition referred to the holding in Mukisa Biscuit v. West End Engineering Co. Ltd [1968] EA 692 where Law J, in his holding stated that a preliminary objection is in the nature of what used to be called a demure; and which is a point on which a suit may be dismissed in limine. 4. I hold that the organization of the High Court into various divisions if for the purposed of organization only; and was not intended to divest the judges serving in those divisions of the overall jurisdiction https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13837/eng@2025-07-01 1
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conferred by Article 165 of the Constitution. The High Court Organization Act is a housekeeping piece meant for mere housekeeping, good order, and organization. 5. For these reasons I hold a Judge in any division of the High Court, has Jurisdiction to try this suit. In any case, there is only one High Court in Kenya; with various divisions and stations. Hence any High Court Judge has jurisdiction in any matter filed in the High Court, the Division notwithstanding. 6. For these reasons, the Preliminary Objection is hereby dismissed. The costs of the objection shall be in the cause, to abide the outcome. 7. Despite this dismissal, I for purposes of organization, hereby transfer this suit to the High Court Family Division, for hearing and eventual disposal, as the matter from which it arose was in that Division. DATED AND DELIVERED AT NAIROBI ON THIS 1ST DAY OF JULY 2025. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13837/eng@2025-07-01 2
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