In re Estate of Wanjiru Muberi Kimani (Deceased) (Succession Cause 468 of 2008) [2025] KEHC 16303 (KLR) (12 November 2025) (Ruling) Neutral citation: [2025] KEHC 16303 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 468 OF 2008 JM NANG'EA, J NOVEMBER 12, 2025 IN THE MATTER OF THE ESTATE OF WANJIRU MUBERI KIMANI (DECEASED) BETWEEN ALICE WANGARE NDUNGU ......................................................... 1ST APPLICANT MARY WANJIKU NGIGI ................................................................. 2ND APPLICANT JOSPHAT NJOGU MUBIRI ............................................................. 3RD APPLICANT AND GEOFFREY KIMANI MUBIRI .......................................................... RESPONDENT RULING 1. By Summons dated 25th February 2025 the Applicants crave orders as hereunder: i. That this Honourable Court be pleased to issue an order of stay of execution of the Ruling delivered on 5th June, 2024 by Hon. Justice H. M. Nyaga pending the hearing and determination of Nakuru COA Civil Appeal Number E112 of 2024.(sic) ii. That the costs of this Application be provided for. 2. The Applicants swore a joint affidavit in support of the Application. They aver that they are aggrieved by Ruling of the Court delivered on 5th June 2024 directing the deceased’s estate to be distributed equally amongst the beneficiaries. The Court is also said to have ordered that the costs of surveying and subdividing land comprising the Estate would be shouldered equally by the beneficiaries. The Ruling of the Court alluded to above, provoked the Appeal. 3. The Applicants contend inter alia that they would otherwise suffer substantial loss and/or their Appeal would be rendered nugatory if stay of execution of the impugned orders is not granted. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16303/eng@2025-11-12 1
page 1 of 2
4. An affidavit of Service of the Application is said to have been served. A copy of the affidavit is, however, neither filed in the Court’s e-filing portal nor physically in Court. There is therefore no evidence of service of the Application. 5. As there is no proof of service of the Application upon the Respondent, it is hereby dismissed with no order as to costs. RULING SIGNED, DATED, AND DELIVERED VIRTUALLY AT NAKURU THIS 12TH DAY OF NOVEMBER, 2025. ........................................... J. M. NANG’EA JUDGE. In the presence of: Applicants – absent Respondent - absent Court Assistant - Jeniffer J. M. NANG’EA JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16303/eng@2025-11-12 2
page 2 of 2