In re Estate of Anastasius Karatai Kabute (Deceased) (Succession Cause E012 of 2022) [2025] KEHC 15661 (KLR) (28 October 2025) (Ruling) Neutral citation: [2025] KEHC 15661 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERUGOYA SUCCESSION CAUSE E012 OF 2022 EM MURIITHI, J OCTOBER 28, 2025 IN THE MATTER OF THE ESTATE OF ANASTASIUS KARATAI KABUTE (DECEASED) IN THE MATTER OF ROSEMARY WANJIKU KARIUKI ................................................. 1ST APPLICANT MICHAEL NYAGA KARATAI ........................................................ 2ND APPLICANT RULING 1. The Counsel for the parties rely on the affidavits filed herein in support and in opposition to application dated 26.2.2025. The application seeks stay of proceedings in this suit pending he hearing and determination of Kerugoya ELC Appeal No. E062 of 2024. 2. The appeal relates to ownership and alleged trust on on LR Ngariama/Merichi/1001 registration in the name of the petitioner Ann Wanjira Muriuki and beneficial interest claimed by Rosemary Wanjiku Kariuki, the 1st applicant herein. 3. The parcel of land is not set out in the petitioner’s Petition dated 14.5.2022 but it is explained in the supporting affidavit of the applicant which asserts an oral will where she was awarded L.R Ngariama/ Merichi/1001 family land registered in hem=nbame of the Petitioner on consideration that she was not entitled to benefit from Ngariama/Lower Ngariama/157 which comprises the estate of the Deceased person (and it shown as one of the assets in the Petition dated 14.5.2022.) 4. The applicant submits that the “issue of ownership of L.R Ngariama/Merichi/1001 (which gave rise to Ngariama/Merichi/3183 and 3184 is central to the determination of the distribution of LR Ngariama/ Lower Ngariama/157. 5. The Court considers that on determination of the appeal on the question of ownership of the parcel No. Merichi/1001 will lead to the ascertainment of the respective shares to be taken by the Petitioner and or the applicant in the distribution of the estate of the Deceased in terms of section 42 of the Law of Succession Act and for purposes of confirmation of Grant under section 71 of the Act. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15661/eng@2025-10-28 1
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6. It is important, therefore, to hold the confirmation and distribution of the Deceased’s estate pending the determination of the issue of ownership and trust on the parcel of land number LR Ngariama/ Lower Ngariama/1001 by the appeal in Environment and Land Court - Kerugoya ELC Appeal No.E062 of 2024. Orders: 7. Accordingly, for the reasons set out above, the application dated 26/2/2025 is granted as prayed. 8. There shall be no orders as to costs. Orders accordingly. DATED AND DELIVERED THIS 28TH DAY OF OCTOBER 2025. EDWARD M. MURIITHI JUDGE Appearances: Ms. Khisa for Mr. Kamau for the Applicant. Ms. Muturi for Mr. Magee for the Respondents. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15661/eng@2025-10-28 2
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