In re Estate of Kimani (Deceased) (Succession Cause 580 of 2008) [2025] KEHC 19624 (KLR) (11 March 2025) (Ruling) Neutral citation: [2025] KEHC 19624 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 580 OF 2008 SM MOHOCHI, J MARCH 11, 2025 IN THE MATTER OF THE ESTATE OF GITHIOMI KIMANI (DECEASED) BETWEEN JOSEPH MUIRURI MAINA ............................................................. 1ST APPLICANT NAOMI WANJIRU GITHIOMI ....................................................... 2ND APPLICANT AND SAMUEL KIMANI GITHIOMI .......................................................... RESPONDENT RULING 1. Before me is an Application by way of Notice of Motion dated 17th May 2024 filed pursuant to Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules Seeking the following reliefs; i. SPENT. ii. That, this Court be pleased to direct and/or orders the Land Registrar Nakuru County to effect the registration of title Deeds Molo South Kuresoi Block 4/346 Mwaragania which got lost so that the same can be Gazetted, the respondent absence notwithstanding. iii. That, this Court be pleased to direct and/or order the land registrar Nakuru County to effect registration to beneficiaries or the proprietor of land parcel No. Bahati/Kabatini Block 1/1773 and Molo South Kuresoi Block 4/346 Mwaragania and further appoint Nakuru High Court Deputy Registrar or Executive Officer to sign all relevant documents to facilitate the transfer of Title Deed to the beneficiaries without involvement of respondent who has derail the transfer of Bahati/Kabatini Block 1/1773 and Molo South Kuresoi Block 4/346 (Mwaragania) iv. That, the costs of this application be in the cause. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19624/eng@2025-03-11 1
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2. This Court had directed that service be effected upon the Administrator and a return of service be filed. 3. Service is demonstrated as having been effected by Henry Omega, a process server on the 27th February 2023, the 18th April 2024 and his affirmation as per his sworn Affidavit dated 30th October 2024. 4. The Administrator has elected not to defend the motion despite service. 5. This Court has upon scrutiny discovered of a consent order dated 25th July 2016 that incorporated land parcel No. Bahati/Kabatini Block 1/1773 to be devolved to Patrick Githomi, Rose Wanjiku Macharia Stephen Githiomi Muiruri and Paul Mwaura Muritu. 6. A deeper Scrutiny reveals that land parcel No. Bahati/Kabatini Block 1/1773 was and is registered in the name of Wanjiku Githiomi Kimani- the Deceased widow who passed on the 3rd February 2002 almost two years prior to the deceased herein. 7. The Consent to incorporate a property belonging to another person was not only irregular but illegal and that a fresh succession ought to be undertaken in the estate of Wanjiku Githiomi Kimani in this regard. 8. Consequently, I am persuaded and inclined to grant the following orders: i. The Deputy Registrar of the High Court shall execute All necessary transmission forms the Transfer Forms in respect of LR No Molo South Kuresoi Block 4/346 Mwaragania on behalf of the Respondents to transfer the property to the Applicant. ii. The Nakuru County Land Registrar is hereby directed to dispense with the requirement for the production of title LR No Molo South Kuresoi Block 4/346 Mwaragania or any other mandatory documents and to issue a title deed in respect of thereof in absence of the said documents. There shall be no order as to costs. RULING DATED, SIGNED AND DELIVERED ON THIS 11TH DAY OF MARCH 2025 MOHOCHI S.M JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19624/eng@2025-03-11 2
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