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Original judgment

Bilha Nyawira Hiuhu v Faith Njeri Ndegwa & 1 other

In re Estate of Johana Ruto Morogo (Deceased) (Ad Litem 150 of 2013) [2025] KEHC 16158 (KLR) (6 November 2025) (Ruling) Neutral citation: [2025] KEHC 16158 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU AD LITEM 150 OF 2013 SM MOHOCHI, J NOVEMBER 6, 2025 BETWEEN BILHA NYAWIRA HIUHU .................................................................... APPLICANT AND FAITH NJERI NDEGWA .............................................................. 1ST RESPONDENT DANIEL KARIUNGI HIUHU ..................................................... 2ND RESPONDENT RULING 1. This Court has considered the summons for confirmation of grant dated 16th September, 2024 together with the counter proposal by the Respondent who represents the 2nd house. 2. In a nutshell the Applicant argues that she and her offspring constitutes 4 units while the Respondent and her daughter constitutes 2 units. 3. She thus recommends the estate to be distributed as follows: a. The 1st house shall be given the following: b. Nyandurua Oljororok Salient 4691 c. Nyandarua Municipality Block VIII/543 d. Account No.023001000025 at K-Rep Bank e. Account No.00410136194 4. She further proposes that the property Nyandarua Municipality Block VIII/542 be given to the 2nd house. 5. This Court is of the view that Nyandarua Municipality Block VIII/542 is unavailable for distribution and does not constitute the estate of the deceased. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16158/eng@2025-11-06 1

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6. I accordingly allow this Summons for confirmation of grant dated 16th September, 2025 on the following terms: 1. 2. The 1st house shall receive the following: a. Nyandurua Oljororok Salient 4691 b. Account No.023001000025 at K-Rep Bank c. Account No.00410136194 The 2nd house shall receive Nyandarua Municipality Block VIII/543. Each house to share equally amongst the units. 7. Any person aggrieved has leave to appeal in 45 days and the period shall act as stay. 8. Mention after 60 days. Mention on 10th February, 2026. SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 6TH DAY OF NOVEMBER, 2025 ........................................... MOHOCHI S.M JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16158/eng@2025-11-06 2

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