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Original judgment

Simon George Kamau v Peter Stephen Kariuki Kimwere & 1 other

In re Estate of Cicilia Wanjiru Kimwere (Deceased) (Succession Cause 285 of 2020) [2025] KEHC 14493 (KLR) (Family) (16 October 2025) (Directions) Neutral citation: [2025] KEHC 14493 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 285 OF 2020 HK CHEMITEI, J OCTOBER 16, 2025 BETWEEN SIMON GEORGE KAMAU ................................................................... PETITIONER AND PETER STEPHEN KARIUKI KIMWERE ........................................ RESPONDENT DIRECTIONS 1. On 9th July, 2025, this court directed that it shall peruse the applications on record and give directions on 16th October, 2025. 2. I have perused the entire file and take note that the following applications are active before this court: a. Summons dated 28th February, 2022. b. Chamber summons dated 3rd August, 2022. c. Notice of motion dated 19th August, 2022. d. Petition for letters of administration intestate dated 19th February, 2021. 3. The court takes notice that from the beginning of the case the parties have filed applications and counterapplication’s as well as preliminary objections. 4. Part of the problems bedevilling the parties herein includes the suspicions and circumstances of the deceased death as well as the place of the deceased grandchildren among others. 5. On 28th January 2025 this court appointed Bernard Kimwere, Peter Kimwere and Simon Kamau the deceased children as joint administrators. The court unilaterally did this under its inherent powers so that the estate can move forward. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14493/eng@2025-10-16 1

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6. Obviously even among them there is some suspicions but the estate must be distributed. 7. The applications alluded to above in as much they may have raised some novel issues will not in my view help the parties to arrive at a just, fast and fair conclusion of this matter. The best way is to have the grant confirmed and whoever has any objection in the manner of distribution ought to file any such objection. 8. In the premises I direct as hereunder. (a) The Administrators jointly or severally within thirty days from the date herein must file an application for confirmation of grant. (b) The Kenya Commercial Bank Limited shall issue to the Administrators’ statements and details of the deceased Account Number 1104458225 within 21 days from the date herein. (c) The Land Registrar Kajiado County shall within 21 days from the date herein issue green card to the administrators indicating the official details and any transactions in land parcel number Kajiado/Kitengela/18293. (d) The firm of JP Bonyo& Company advocates are hereby allowed to come on record on behalf of the Respondent. (e) All applications herein pending are held in abeyance and save for the application for confirmation of grant no other application shall be filed by any of the parties except with the leave of this court. (d) Costs in the cause. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 16TH DAY OF OCTOBER 2025. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14493/eng@2025-10-16 2

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