In re Estate of Njugi Wang'ondu Mariga (Deceased) (Succession Cause 14 of 2019) [2025] KEHC 16318 (KLR) (12 November 2025) (Ruling) Neutral citation: [2025] KEHC 16318 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 14 OF 2019 JM NANG'EA, J NOVEMBER 12, 2025 IN THE MATTER OF THE ESTATE OF N W M(DECEASED BETWEEN MARY WANJIKU MARIGA ....................................................... ADMINISTRATOR AND IBRAHIM THOMAS MARIGA ............................................................. APPLICANT RULING 1. One I T M claims to be a beneficiary of the Estate brings Summons dated 11th June, 2025 for orders as hereunder; 1. Spent. 2. Spent 3. Spent 4. That pending the hearing and determination of Nakuru COACA E197/2024 Citation: A W M and I T M And 1 Others VS M W M And M W M, the 1st Administrator/intermeddler by herself, her agents, proxies, servants, employees, children and/or relatives be restrained by way of temporary injunction from harvesting trees or dealing in any other manner with land parcel Transmara/poroko/54 which belongs to the estate of N W M (Deceased). (sic) 5. That this Honourable Court be pleased to commit the 1st Administrator/intermeddler to prison for a period not exceeding one year or pay a fine not exceeding Kshs.10,000 (Kenya Shillings Ten Thousand only) each or both such fine and imprisonment for intermeddling with the property of a deceased person namely N W M (Deceased). (sic) 6. Spent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16318/eng@2025-11-12 1
page 1 of 2
7. That 1st Administrator/intermeddler be removed as administrator of the estate of N W M (Deceased). (sic) 8. That the costs of this Application be borne by the 1st administrator/intermeddler. 9. Any other orders that are deemed just and expedient that will met the ends of justice including punishment of the Respondent. 10. Costs of this Application be paid for by the said Respondent. 2. The Applicant swore an affidavit in support of the Application. He inter alia complains that the 1st administratix (M W M) is intermeddling with the deceased’s Estate by harvesting several trees for her own benefit. He wants her to be restrained and further ordered to account for the trees as well as suffer punishment for her actions. 3. Return of Service of the Application purportedly filed on 20th June, 2025 has been filed but the Respondent have not entered a reply. It is therefore deemed that the Application is uncontested. 4. It is noted that by consent of the parties proceedings herein were stayed on 30th October, 2024 pending an Appeal before the Court of Appeal. Notwithstanding, the Court can entertain this Application particularly since the Court of Appeal itself does not seem to have stayed this matter. 5. The Application is allowed as hereunder: a. An Order of Injunction issues restraining the Administratixes and/or their agents and/or any other persons whosoever from in any manner interfering with the Estate of the deceased pending the Court of Appeal’s decision and/or conclusion of this Cause. b. The Administratixes are ordered to account for their management of the Estate by filing a report within a period to be fixed hereafter. c. Owing to the fact that this is a family matter, no order is made as to the costs of the Application. 6. Committal of the 1st Administratix to civil jail as prayed is declined given that her disobedience of any Court Order has not been shown. The Court also finds no sufficient cause to remover her as an Administratix. 7. The matter is fixed for mention on 2nd March, 2026 for the Adminitratixes to file and serve the required report as per Order (b) above. 8. Ruling accordingly. RULING SIGNED, DATED, AND DELIVERED AT NAKURU THIS 12TH DAY OF NOVEMBER, 2025. J. M. NANG’EA JUDGE. In the presence of: Mr. Gakinya Advocate for Applicant. Mr. Matoke H. Advocate for Nyagaka Advocate for Respondent Court Assistant - Jeniffer https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16318/eng@2025-11-12 2
page 2 of 2