In re Estate of Peter Mwarangu Ngugi (Deceased) (Miscellaneous Succession Application E63 of 2025) [2026] KEHC 363 (KLR) (22 January 2026) (Ruling) Neutral citation: [2026] KEHC 363 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS SUCCESSION APPLICATION E63 OF 2025 DO CHEPKWONY, J JANUARY 22, 2026 IN THE MATTER OF THE ESTATE OF PETER MWARANGU NGUGI (DECEASED) BETWEEN MARY WANJA MWARANGU ............................................................... APPLICANT AND JOSPHINE WANJA MWARANGU .............................................. 1ST RESPONDENT MICHAEL MUIRURI MWARANGU ......................................... 2ND RESPONDENT RULING 1. 2. The matter is coming up for interparties hearing of the Notice of Motion application dated 30th October, 2025 in which the Applicant is seeking for:a. Spent. b. That this Honourable Court be pleased to withdraw and transfer Kiambu Chief Magistrate’s Court, Magistrate Succession Cause No.200 of 2024, to Kiambu High Court for hearing and determination. c. That costs of this application be borne by the Respondents. The application is based on the grounds set out on its face and Supporting Afidavit sworn by Francis Mburu Machua. 3. Upon listening to counsel for the Applicant, it is confirmed that the application was served upon the Respondents’ counsel but no response has been filed thereto. It is also noted that neither the Respondents nor their counsel are in attendance. They have also not sent representation or explanation to explain their absence in court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/363/eng@2026-01-22 1
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4. In the circumstances, the application is unchallenged and the court proceeds to allow the Notice of Motion application dated 30th October, 2025 on the ground that the Chief Magistrate’s Court lacks the pecuniary jurisdiction to hear and determine the Succession Cause before it. In view of this, the following orders issue:a. Kiambu Chief Magistrate’s Court, Magistrate Succession Cause No.E200 of 2024 is hereby withdrawn and transferred to Kiambu High Court, Kiambu for hearing and determination. b. There shall be no order as to costs. c. Mention on 19th February, 2026 before this Court for further directions. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 22ND DAY OF JANUARY, 2026. D. O. CHEPKWONY JUDGE In the presence of: M/S Wainaina holding brief for Mr. Mashua counsel for Applicant Court Assistant - Sakina https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/363/eng@2026-01-22 2
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