Esther Nyambura Ndichu & 1 other v Nahashon Njenga Ndishu & 1 other

Grace Naomi Wanjiku ………………………. Daughter – Adult 2nd House Esther Nyambura Ndichu ………………….. Widow – Adult Nahashon Njenga Ndichu Sasso ………….. Son – Adult Wilson Mwangi Ndichu ………………………. Son – Adult Anny Mwihaki Ndichu ……………………….. Daughter – Adult 2. The petition equally indicated that the deceased left the following assets and liabilities: Assets a. Eldoret Municipality/Block 15 (Huruma)/122 …. 0.0666Ha b. Eldoret Municipality/Block 15 (Huruma)/521 ….. 0.08Ha c. Eldoret Municipality/Block 15 (West Farmers)/1604 … 0.1089Ha. Liabilities d. Juja/Kiaura Block 14(Waroma & Njemuwa INV)/560 … 0.0217 Ha. e. Sergoit/Koiwoptai Block 9/24 ………… 0.1970 Ha 3. The Grant was later issued to Esther Nyambura Ndichu and Agnes Ngoiri Ndichu there being no objection at the time. 4. The Objectors thereafter filed summons dated 27th November, 2024 seeking orders as follows: a. That the petitioners be restrained from intermeddling with the estate of the deceased by way of collecting rent, from the land parcels known as Eldoret Municipality/Block 11/276, Eldoret Municipality/Block 15(Huruma)/122, Eldoret Municipality/Block 15(Huruma)/521, Juja Kiaura/Block 14/568 and Juja Kiaura Block 14/569, selling the assets of the estate and in any way intermeddling with the estate pending the hearing and determination of this application in the first instance and thereafter pending the hearing and determination of the petition. b. That the court be pleased to order the appointment of an Estate agent to collect and manage the rental premises from the land parcels known as Eldoret Municipality/Block 15 (Huruma)/122, Eldoret Municipality/Block 15 (Huruma)/521, Juja Kiaura/Block 14/568 and Juja Kiaura Block 14/569 pending the hearing and determination of this application in the first instance and thereafter pending the hearing and determination of the petition. c. That the petitioners do account for all the rent collected from the land parcels known as Eldoret Municipality/Block 15 (Huruma)/122, Eldoret Municipality/Block 15 (Huruma)/521, Juja Kiaura/Block 14/568 and Juja Kiaura Block 14/569 from the time of death of the deceased to date and a Certified Public Accountant be appointed by the court to undertake the exercise and file a report in court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 2

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d. That upon the report by the Accountant being filed the petitioners do return all the collected rental income to the estate. e. That the tome for filing objection proceedings to the estate of the deceased be extended and the objection herein be validated. f. That the objectors be granted leave to file an answer to the application for grant and a cross-application for grant of letters of administration intestate to the estate of the deceased. g. That the costs of this summons be provided for. 5. According to the objectors, they are sons of the deceased as evidenced through the chief’s letter. That the petitioners filed the instant cause without involving them and many other beneficiaries of the estate as can be discerned from the consent form filed in court which is without their signatures. 6. The objectors aver that the petitioners had initially filed Eldoret Chief Magistrate Court Succession Caude No. E278 of 2023 – Re Estate of the late Mark Joel Ndichu- deceased. that the petition was struck out on 4th June, 2024 with costs as the magistrate court was bereft of jurisdiction to deal with the administration of the estate. 7. Further, the objectors stated that from the instant petition as filed by the petitioners, they only disclosed 3 assets and placed the value of the estate at Kshs. 30,000,000/= and two liabilities. 8. During the pendency of these proceedings the parties explored mediation as provided under the provisions of 159 2(c) of the Constitutions in which they arrived at partial settlement dated 25th April, 2025 in the following terms: That the 1st Administratrix Esther Nyambura Ndichu to be retained as an administrator representing House No. 2. That the 2nd Adminsitratrix Agnes Ngoiri Ndishu has consented to being substitued with her brother Michael Chege Ndishu to represent House No. 1. That the assets constituting the Estate of the deceased are stated as hereunder: a. Kapsaret/Kapsaret Block 1 /Yamumbi/221 measuring approx. 0.8094 Ha. b. Muiruti Shopping Center measuring approximately 35x17 Feet. c. ELD/MUN. Block 15 Huruma/521 approximately 0.08 Ha. d. ELD/MUN. Block 15 West Farmers/1604 approximately 0.1089 Ha. e. ELD/MUN. Block 15 Huruma/221. f. ELD/MUN. Block 15 West Farmers/1621 (title not ready). g. Juja/Kiaura Block 14 (Waroma & Njemwa)/560 approximately 0.0209 Ha. h. Juja/Kiaura Block 14 (Waroma & Njemwa)/568 approximately 0.0209 Ha. i. Juja/Kiaura Block 14(Waroma & Njemwa)/569 approximately 0.0209 Ha. j. Sergoit/Koiwoptai Block 9/24 measuring approximately 0.1970 Ha. k. ELD/Hill School Plot No. 1413. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 3

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l. ELD/Hill School Plot No. 1412 (Hill School Annex) m. ELD/Kipkaren Block 15/784 (Already sold by the deceased). n. Plot measuring 40x60 feet along Thika-Garissa Highway at a place known as Kisii. o. Plots in pipeline/Wanyama Nakuru (still being processed). p. Money lying in two bank accounts in ABSA. q. Money lying in Bank Account in National Bank. r. Shares in Ken Gen, Safaricom and KCB. s. Mpesa Account – Kshs. 200,000/=. t. Money lying in Matanya 2014 Co. Limited. u. Money lying in Upendo Self Help Group. v. Money lying in Menyerera Self Help Group. That the debtors who owe money to the deceased’s estate are as hereunder: Alfajiri SDA Church Eldoret Shauri Estate owed Kshs. 80,000/= (has already been paid. Mr. Mutaha Francis tenant at Juja owes Kshs. 346,250/= - Rent arrears. Dr. Makokha owes Kshs. 200,000/= Rent arrears. Baba Ziggy (Rwandese National) owes Kshs. 84,000/= Rent arrears. IDP Lawsuit Milimani HCCC No. 617 of 2008 – Compensation by payment of damages. Joseph Maina owed Kshs. 70,000/= (Already paid). Sale of Motor Vehicle KBY 901D Kshs. 590,000/= (Already paid). Dividend/Shares – Matanya 2014 Co. Limited. Isaac Wahome – Kshs. 200,000/= Sale of motor vehicle. That the beneficiaries to the Estate of Mark Joel Ndichu Njenga are as hereunder: House No. 1 – Beneficiaries Nahashon Njenga Ndichu Michael Chege Ndishu Hannah Mwihaka. Douglas Wanyoike (deceased) Joseph Kiero Agnes Ngoiri Ndishu Grace Wanjiku. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 4

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House No. 2 – Beneficiaries. Esther Nyambura Ndichu. Nahashon Sasso Njenga Ndichu. Wilson Mwangi Ndichu Anna Mwihaki Ndichu. That the liabilities are as listed hereunder: Michael Chege Ndishu – Kshs. 100,000/=. Waweru Welding (Juja) – Kshs. 26,000/=. Joyce Njenga – Kshs. 50,000/= That Plot Nos. Eldoret Hillschool No. 1412 and 1413 be given to the estate of the deceased’s father Nahashon Njenga Karuba. Plot No. Juja/Kiaura Block 14 (Waroma and Njemwa INV)/560 be given to Joshua Kariuki Njenga ID No. 737xxxx. Plot No. Eldoret Municipality Block 15/784 to be given to the purchases James Kirehu Gatundu ID No. 1136xxxx. With effect from the month of May 2025 the Rent collected shall be deposited in the Joint current account No. 100211xxxx in the names in the names of Michael Ndishu and Esther Ndichu at NCBA Bank Eldoret Branch The following issues were returned to court for determination: The issue pertaining to taking of accounts regarding Rent collected since the demise of the deceased herein on 15.3.2021 to date. The mode of distribution of the Estate of the deceased save the properties stated herein above. 9. I have carefully considered the terms of the partial settlement agreement dated 25th April, 2025, filed before this court. The agreement represents a genuine effort by the parties to resolve their differences through alternative dispute resolution mechanisms as contemplated under Article 159(2) (c) of the Constitution. Having examined its contents, I find that the agreement is comprehensive in scope, addresses key aspects of the estate administration, and reflects the consensus reached by all parties involved. Notably, no party has raised any objection to the terms contained therein, and the agreement bears the signatures of all the relevant parties, demonstrating their full consent and commitment to its terms. In the circumstances, and in furtherance of the constitutional imperative to promote reconciliation and expeditious resolution of disputes, I hereby adopt and affirm the said partial settlement agreement dated 25th April, 2025, as an order of this court. The agreed terms relating to the identification of assets, liabilities, beneficiaries, and the specific allocations enumerated therein shall be binding upon all parties and shall form the foundation upon which the remaining contested issues shall be determined. 10. Moving on, when the parties appeared before me on 27th May, 2025, this court directed them to file modes of distribution of the estate whose content reflects substantially as hereunder: The Objectors proposed that the estate be distributed as follows: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 5

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Name Nahashon Njenga Ndishu Michael Chege Ndishu Douglas Wanyoike Disesed Joseph Kieru Ndishu Nahashon Ndichu Njenga Description Of Property Share Of HeiRS KAPSARET/KAPSARET Block Be subdivided equally into 6 units. 1/YAMUMBI/221 0.8094HA Sasso Willison Mwangi Ndishu Esther Nyambura Ndichu MWIRUTI CENTER SHOPPING Measuring 35*17 feet. approximately Matrimonial Home ELD/MUN Block 15 House 2 Huruma/521 Measuring 0.0816 Ha. approximately Anna Mwihaki Ndishu ELD/MUN Block 15 Agness Ngoiri Ndishu WEST FARMERS/1604 Whole. Divided equally into 2 plots and shared between as matrimonial home for the whole family and the 2nd house, with Esther Nyambura Ndichu having a life interest in the Matrimonial House. To be divided equally into 2 units. Measuring 0.1089 Ha. Mary Wangeci's Family ELD/MUN Block 15 Whole. Huruma/221 Ann Mwihaki Ndichu Grace Naomi Wanjiku ELD/MUN FARMERS/1621 Measuring 0.1089 Ha. WEST approximately Esther Nyambura Ndichu JUJA/KIAURA BLK 14 Nahashon Njenga Ndishu (WARUMA NJEMWA)/568 Michael Chege Ndishu Ann Mwaniki Ndichu To be divided equally into 2 units. & Measuring 0.217 Ha. Douglas Wanyoike Ndichu Joseph Kieru Ndichu https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 To be sold and the sale proceeds to be shared as follows; Esther Nyambura Ndichu – 10%. Nahashon Njenga Ndishu – 9%. 6

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Agness Ngoiri Mbere Nahasho Ndichu Sasso Michael Chege Ndishu – 9%. Njenga Ann Mwaniki Ndichu – 9%. Wilson Mwangi Ndichu Douglas Wanyoike Ndichu – 9%. Grace Naomi Wanjiku Joseph Kieru Ndichu – 9%. Anna Mwihaki Ndichu Agness Ngoiri Mbere – 9%. Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu JUJA/KIAURA BLK 14 Nahashon Njenga Ndishu (WARUMA NJEMWA)/569 Michael Chege Ndishu Ann Mwaniki Ndichu & Measuring 0.217 Ha. Douglas Wanyoike Ndichu To be sold and the sale proceeds to be shared as follows; Esther Nyambura Ndichu – 10%. Joseph Kieru Ndichu Nahashon Njenga Ndishu – 9%. Agness Ngoiri Mbere Michael Chege Ndishu – 9%. Nahasho Ndichu Sasso Ann Mwaniki Ndichu – 9%. Njenga Wilson Mwangi Ndichu Douglas Wanyoike Ndichu – 9%. Grace Naomi Wanjiku Joseph Kieru Ndichu – 9%. Anna Mwihaki Ndichu Agness Ngoiri Mbere – 9%. Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Michael Chege Ndishu Ann Mwaniki Ndichu SERGOIT/KOIWAPTAI BLK 9/24 Measuring 0.2970 Ha. approximately Douglas Wanyoike Ndichu To be sold and the sale proceeds to be shared as follows; Esther Nyambura Ndichu – 10%. Joseph Kieru Ndichu Nahashon Njenga Ndishu – 9%. Agness Ngoiri Mbere Michael Chege Ndishu – 9%. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 7

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Nahasho Ndichu Sasso Njenga Ann Mwaniki Ndichu – 9%. Wilson Mwangi Ndichu Douglas Wanyoike Ndichu – 9%. Grace Naomi Wanjiku Joseph Kieru Ndichu – 9%. Anna Mwihaki Ndichu Agness Ngoiri Mbere – 9%. Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. House 1 Mary Wangeci Plot measuring 40*60 in Thika along Thika - Garissa highway. Whole. Esther Nyambura Ndichu Plots in Pipeline Wanyam Nakuru. After allotment is completed, the same to be sold and proceeds shared as follows; Nahashon Njenga Ndishu Michael Chege Ndishu Esther Nyambura Ndichu – 10%. Ann Mwaniki Ndichu Douglas Wanyoike Ndichu Joseph Kieru Ndichu Nahashon Njenga Ndishu – 9%. Agness Ngoiri Mbere Michael Chege Ndishu – 9%. Nahasho Ndichu Sasso Ann Mwaniki Ndichu – 9%. Njenga Wilson Mwangi Ndichu Douglas Wanyoike Ndichu – 9%. Grace Naomi Wanjiku Joseph Kieru Ndichu – 9%. Anna Mwihaki Ndichu Agness Ngoiri Mbere – 9%. Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Absa account 0034016593. number Michael Chege Ndishu Ann Mwaniki Ndichu The monies in the account to be shared as follows; Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 8

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Agness Ngoiri Mbere Nahasho Ndichu Sasso Ann Mwaniki Ndichu – 9%. Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Absa account 0036002166 number The monies in the account to be shared as follows; Esther Nyambura Ndichu – 10%. Michael Chege Ndishu Ann Mwaniki Ndichu Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu NBK account number TBA. Nahashon Njenga Ndishu Michael Chege Ndishu Ann Mwaniki Ndichu The monies in the account to be shared as follows; Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 Douglas Wanyoike Ndichu – 9%. 9

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Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Michael Chege Ndishu Ann Mwaniki Ndichu Investment/money lying in Matanya 2014 Company Limited. CPR/2014/132433 The monies to be shared as follows; Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Shares in Safaricom, KenGen and KCB Group. Whole. Esther Nyambura Ndichu Investment/money lying in Upendo Self-Help Group. The monies to be shared as follows; Nahashon Njenga Ndishu Michael Chege Ndishu Ann Mwaniki Ndichu Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 Douglas Wanyoike Ndichu – 9%. 10

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Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Investment/money Menyerera Self-Help Group. The monies to be shared as follows; Esther Nyambura Ndichu – 10%. Michael Chege Ndishu Ann Mwaniki Ndichu Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Michael Chege Ndishu M-Pesa a/c 0721239564 (shs. 200,000) – Deceased's phone account. Ann Mwaniki Ndichu The monies to be shared as follows; Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 11

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Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Michael Chege Ndishu 12.5% of the Estate of the late Nahashon Njenga Kabuba – deceased. Ann Mwaniki Ndichu The same to be shared as follows; Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Michael Chege Ndishu Anticipated money in IDP Mililani HCCC No. 617 of 2008. Ann Mwaniki Ndichu The anticipated monies to be shared as follows; Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. Agness Ngoiri Mbere Ann Mwaniki Ndichu – 9%. Nahasho Ndichu Sasso Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 12

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Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. Esther Nyambura Ndichu Nahashon Njenga Ndishu Isaac Wahome - sale of motor vehicle make Toyota Probox. Michael Chege Ndishu Ann Mwaniki Ndichu Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Agness Ngoiri Mbere Nahasho Ndichu Sasso The proceeds made from the sale of the motor vehicle make Toyota Probox be shared as follows; Michael Chege Ndishu – 9%. Njenga Ann Mwaniki Ndichu – 9%. Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Grace Naomi Wanjiku Joseph Kieru Ndichu – 9%. Anna Mwihaki Ndichu Agness Ngoiri Mbere – 9%. Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. The Estate of the late Nahashon Njenga Kabuba – deceased. Eldoret Hill School No. 1412 and 1413. Whole. Joshua Kariuki Njenga JUJA/KIAURA Block 14 Whole. I.D. No. 737xxxx (WAROMA & NJEMUVA INV)/560 James Kirechu Gatundu Eldoret Municipality Block 15/784 Whole. Rental income accrued from 15th March, 2025 to May, 2025. The rent income collected to be shared as follows; I.D. No. 1136xxxx Esther Nyambura Ndichu Nahashon Njenga Ndishu Michael Chege Ndishu Ann Mwaniki Ndichu Esther Nyambura Ndichu – 10%. Douglas Wanyoike Ndichu Nahashon Njenga Ndishu – 9%. Joseph Kieru Ndichu Michael Chege Ndishu – 9%. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 13

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Agness Ngoiri Mbere Nahasho Ndichu Sasso Ann Mwaniki Ndichu – 9%. Njenga Douglas Wanyoike Ndichu – 9%. Wilson Mwangi Ndichu Joseph Kieru Ndichu – 9%. Grace Naomi Wanjiku Agness Ngoiri Mbere – 9%. Anna Mwihaki Ndichu Nahasho Sasso Ndichu – 9%. Njenga Wilson Mwangi Ndichu – 9%. Grace Naomi Wanjiku – 9%. Anna Mwihaki Ndichu – 9%. The Administrators through Esther Nyambura Ndichu gave a proposal of how the estate should be distributed. In her affidavit, Esther Nyambura Ndichu deposed as follows: 1. That pursuant to the Honorable Court's directive issued on 27th May 2025, I hereby submit this affidavit proposing an equitable mode of distribution over the estate of my late husband, Mark Joel Ndichu Njenga, who died intestate on 15th March 2021. 2. That I am the surviving widow of the deceased and serve as a co-administrator of the estate, alongside Agnes Ngoiri, a daughter of the deceased, who represents the interests of the first house (children from the first marriage), while I represent the second house (my household). 3. That this affidavit is made both on my own behalf and on behalf of my three biological children, namely:Nahashon NjengaWilson MwangiAnna Mwihaki whose express consent I have obtained in advance for purposes of this submission. Family Structure Of The Deceased - Mark Joel Ndichu Njenga 4. That the deceased, Mark Joel Ndichu Njenga, was lawfully married twice during his lifetime, and from these two unions arose two separate households. 5. That his first marriage was to the late Mary Wangechi Ndichu, solemnized in the year 1973. This marriage endured until the year 1984, when Mary permanently left the matrimonial home and never returned. She subsequently passed away in the year 1991, while still living separately from the deceased. 6. That the union between the deceased and Mary Wangechi Ndichu was blessed with seven (7) children:Nahashon NjengaMichael ChegeHannah MwihakiDouglas Wanyoike (deceased)Joseph KieruAgnes NgoiriGrace Wanjiku 7. That I, Esther Nyambura Ndichu, became the second lawful wife of the deceased in 1982, and remained his spouse until his passing in 2021, making our union one of nearly forty (40) years of uninterrupted marriage and companionship. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 14

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8. That from our marriage, we were blessed with three (3) children:Nahashon NjengaWilson MwangiAnna Mwihaki 9. That when Mary Wangechi Ndichu left the matrimonial home in 1984, she did so leaving behind all her seven children, who remained under the sole care of the deceased. From that point forward, I assumed full responsibility for raising these children as my own, alongside my three biological children with the deceased. 10. That the following is a complete and verified inventory of all known assets and liabilities of the late Mark Joel Ndichu Njenga, compiled through joint family meetings, court-supervised mediation, and documentation from land registries, banks, and investment institutions. A. Developed Properties https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 15

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Item No. Property Name Details Notes 1 Yamumbi Home Kapsaret Block 1/ Yamumbi/221 Area: 0.8094 ha (2.000 acres) 2-acre farm with a homestead. Historically the home of the deceased and his first wife. 2 Huruma Home Eldoret Municipality/ Block 15/ Huruma/521 Area: 0.0800 ha (0.1977 acres) Principal matrimonial home of the deceased and myself for many years. 3 Eldoret Rental Property Eldoret Municipality/ Block 15/ Huruma/122 Area: 0.0666 ha (0.1646 acres) Residential rental units generating approx. KSh 80,000 per month. 4 Kenyatta Road Rental Blocks Juja/ Kiaura Block 14/568 and 14/569 Total Area: 0.0418 ha (0.1032 acres) One integrated rental building spanning both plots. Income approx. KSh 80,000/ month. 5 Mwiruti Plot Mwiruti Shopping Centre Area: Commercial plot, currently vacant and https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 16

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0.00553 ha (0.0137 acres) in dilapidated condition. B. UNDEVELOPED PLOTS Item No. Plot Name Details Notes 6 West Farmers Plot A Eldoret Municipality/ Block 15 (West Farmers)/1621 Area: 0.1089 ha (0.2691 acres) Undeveloped land. 7 West Farmers Plot B Eldoret Municipality/ Block 15 (West Farmers)/1604 Area: 0.1089 ha (0.2691 acres) Undeveloped land. 8 Makongeni Plot Along ThikaGarissa Highway Area: 0.02230 ha (0.0551 acres) Undeveloped land. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 C. FINANCIAL ASSETS 17

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Item No. Type Details 9 Bank Accounts Absa Balances 0034016593, not yet Absa confirmed. 0036002166, National Bank 0128XXXXXXX6400 10 Equity Holdings Shares in Safaricom PLC, KenGen PLC, and KCB Group PLC Quantity and valuation pending. 11 Chama Shares Membership in Matanya 2014 Co. Ltd, Upendo, and Menyerera Self-Help Groups Shares jointly held by the deceased and myself. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 Notes D. LIABILITIES / THIRDPARTY ENTITLEMENTS 18

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Item No. Property/ Title Details Notes 12 Hill School Plots Titles Nos. 143 and 147 Held in trust for the estate of the late Nahashon Njenga Kabuba. No contest. 13 First Avenue Plot Juja/ Kiaura Block 14/ Waroma & Njemua/560 Held in trust for Joshua Kariuki Njenga. No contest. 14 Kipkaren Plot Eldoret/ Kipkaren Block 15/784 Sold prior to death to James Gatundu. Full payment received. Title pending transfer. 15 Munyaka Plot Sergoit/ Koiwopai Block 9/24 Sold to multiple buyers. Full payments received. Titles pending transfer. E. COURT AWARDS https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 19

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Item No. Description Details Notes 16 IDP Compensation Civil Suit No. 617/2008 Payment to the estate is pending. Final amount not yet confirmed. AGREED DISTRIBUTIONS FROM MEDIATION 11. That during the court-supervised mediation process, all parties made substantial progress and reached consensus on the fate of several properties linked to the estate of the late Mark Joel Ndichu Njenga. 12. That these agreements were organized into two key categories:Estate Assets that would form part of the distribution among the two households; andLiabilities and Third-Party Interests, which were not to be distributed, having either been held in trust or sold before death. 13. That the parties jointly confirmed that the liabilities listed below were not part of the deceased's estate, and the Court was requested to adopt the agreed-upon resolutions regarding each. Table 5.1: Agreed Asset Allocations https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 20

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Item No. Asset Name Description Agreed Allocation 1 Yamumbi Home Kapsaret Block 1/ Yamumbi/221 Area: 0.8094 ha (2.000 acres) House 1 2 Huruma Home Eldoret Municipality/ Block 15/ Huruma/521 Area: 0.0800 ha (0.1977 acres) House 2 3 Mwiruti Plot Mwiruti Shopping Centre Area: 0.00553 ha (0.0137 acres) House 1 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 Table 5.2: Agreed Liabilities and Resolutions (Not Part of the Estate) 21

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Item No. Property Name Details Agreed Resolution 4 Hill School Plots Titles Nos. 143 and 147 Held in trust for the estate of Nahashon Njenga Kabuba. Revert to Kabuba's estate 5 First Avenue Plot Juja/ Kiaura Block 14/ Waroma & Njemua/560 Held in trust for Joshua Kariuki Njenga Transfer to Joshua Kariuki Njenga 6 Kipkaren Plot Eldoret/ Kipkaren Block 15/784 Sold to James Gatundu prior to death. Payment complete Title transfer to James Gatundu 7 Munyaka Plot Sergoit/ Koiwopai Block 9/24 Sold to bona fide purchasers. Payments complete. Titles to be issued to buyers https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 14. That these agreed positions were made without 22

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reservation by all parties and are presented herein for adoption by this Honorable Court as the foundation for a fair and undisputed final distribution plan. OUTSTANDING ITEMS (NO CONSENSUS REACHED) https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 23

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Item No. Asset Name Description 3 Eldoret Rental Property Eldoret Municipality/ Block 15/ Huruma/122 Area: 0.0666 ha (0.1646 acres) Rental income: approx. KSh 80,000/month 4 Kenyatta Road Rental Property Juja/Kiaura Block 14/568 & 14/569 Total Area: 0.0418 ha (0.1032 acres) Rental income: approx. KSh 80,000/month 6 West Plot A Farmers Eldoret Municipality/ Block 15 (West Farmers)/1621 Area: 0.1089 ha (0.2691 acres) 7 West Plot B Farmers Eldoret Municipality/ Block 15 (West Farmers)/1604 Area: 0.1089 ha (0.2691 acres) 8 Makongeni Plot Along ThikaGarissa Highway, Makongeni Area Area: 0.0223 ha (0.0551 acres) 9 Bank Accounts Absa 0034016593, Absa 0036002166, National Bank 0128XXXXXXX6400 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 24

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Balances yet to be confirmed 10 Equity Holdings Shares in Safaricom PLC, KenGen PLC, and KCB Group PLC Exact quantities and value to be confirmed 11 Chama Shareholdings Matanya 2014 Co. Ltd, Upendo, and Menyerera SelfHelp Groups Shares jointly held with the deceased 16 IDP Compensation Civil Suit No. 617/2008 Compensation to the estate pending; final amount not yet confirmed 15. That I now respectfully propose, in the next section, a fair and principle-based allocation of these remaining assets between House 1 and House 2, applying moral reasoning, family history, and legal equity. 16. That I, Esther Nyambura Ndichu, respectfully propose that the estate of the late Mark Joel Ndichu Njenga be distributed using a structured, equitable, and principle-driven model, referred to as the Two-House Distribution Model. Allocation Summary by Household Assets Proposed for House 1: Yamumbi Home (0.8094 ha / 2.000 acres)Eldoret Rental Property (approx. KSh 80,000/ month)Mwiruti Plot (0.00553 ha)West Farmers Plot A (0.1089 ha)Makongeni Plot (0.0223 ha)50% of bank accounts and equity holdings Assets Proposed for House 2: Huruma Home (0.0800 ha / 0.1977 acres)Kenyatta Road Rental Property (0.0418 ha; income: KSh 80,000/month)West Farmers Plot B (0.1089 ha)All Chama ShareholdingsIDP Compensation50% of bank accounts and equity holdings 17. That I respectfully pray this Honorable Court to: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 25

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(a) Adopt and affirm the Two-House Model of distribution as proposed herein;(b) Direct that each house be granted time preferably through court-assisted mediation to internally determine how to share the assets allocated to them;(c) Require that each house submit its internal sharing proposal to this Honourable Court for final confirmation and decree. Analysis and determination 11. The deceased passed away without leaving a valid will. Consequently, the distribution of his estate falls under the statutory framework established by the Law of Succession Act. During his lifetime, the deceased was married to two (2) wives under a polygamous union. The applicable law governing such distribution is found in Section 40(1) of the Law of Succession Act, which sets out the following provisions: “ 40(1) where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children.” 12. In Mary Rono vs Jane Rono & another, [2005] eKLR, Waki JA in the leading judgment, accepted the proposition that the Court had the discretion in ensuring a fair distribution of the deceased’s estate but that the discretion must be exercised judicially on sound legal and factual basis. In the same judgment, Omollo JA stated the position more clearly as follows: “ My understanding of that section is that while the net intestate estate is to be distributed according to houses each house being treated as a unit, yet the judge doing the distribution still has a discretion to take into account or consider the number of children in each house. If Parliament had intended that they must be equality between houses they would have been no need to provide in the section that the number of children in each house be taken into account. Nor do I see any provision in the Act that each child must receive the same or equal portion. That would clearly work injustice particularly in the case of a young child who is still to be maintained, educated and generally seen through life. If such a child whether a girl or a boy, were to get an equal inheritance with another who is already working and for whom no school fees and things like that were to be provided, such equality would work an injustice and for my part, I am satisfied that the Act does not provide for that kind of equality.” 13. The primary duty of this court is threefold: first, to ascertain the assets constituting the deceased's estate; second, to identify the lawful beneficiaries; and third, to effect an equitable distribution among them. Through the mediation process undertaken by the parties, significant progress has been achieved in relation to the first two aspects. The assets have been comprehensively identified and agreed upon, and there is no dispute as to the beneficiaries comprising the two houses. What remains for determination is the mode of distribution between House 1 and House 2 on the remaining assets, with two competing proposals having been placed before the court. In arriving at a just and equitable distribution, this court must apply the principles established under Section 40(1) of the Law of Succession Act while giving due consideration to the unique circumstances of this estate, including the contribution of each house, the needs of the beneficiaries, and the overarching principle that fairness and justice must anchor any distribution order emanating from this court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 26

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14. Having carefully considered both proposals placed before this court, I find that the Two-House Distribution Model proposed by the Administratrix aligns with the correct legal framework under Section 40(1) of the Law of Succession Act. 15. However, while I adopt the Two-House Model in principle, I note that the distribution must reflect the statutory ratio prescribed under Section 40(1) of the Law of Succession Act. Applying the formula, House 1 comprises 7 children (including the late Douglas Wanyoike whose share will devolve to his estate) and no surviving widow, giving it 7 units. House 2 comprises 3 children and 1 surviving widow (Esther Nyambura Ndichu), giving it 4 units. Consequently, the estate must be distributed in the ratio of 7:4 between House 1 and House 2, which translates to approximately 64% for House 1 and 36% for House 2. 16. I am alive to the fact that some assets forming part of the deceased's estate have not been sufficiently identified or quantified at this stage. These include the exact balances in the bank accounts held at Absa Bank (Account Nos. 00XXXXXX593 and 00XXXXX166) and National Bank (Account No. 0128XXXXXXX6400), the precise number and value of shares held in Safaricom PLC, KenGen PLC, and KCB Group PLC, the shareholding and value in Matanya 2014 Company Limited, Upendo SelfHelp Group, and Menyerera Self-Help Group, as well as the plots in Pipeline Wanyama Nakuru which are still being processed. Additionally, the quantum of compensation arising from the IDP lawsuit (Milimani HCCC No. 617 of 2008) remains uncertain. In the circumstances, it would be premature and unjust to attempt a final distribution of these assets at this juncture. 17. Accordingly, I direct that the administrators shall take all necessary steps to identify, quantify, and value these outstanding assets within a period of two (2) months from the date of this ruling. Once these assets have been properly identified and quantified, the administrators shall file a supplementary report with this court, whereupon the court shall issue further directions for their distribution in accordance with the statutory ratio herein established. 18. In the meantime, I proceed to distribute the clearly identified and ascertainable assets in accordance with the Two-House Model, ensuring compliance with the 7:4 statutory ratio. The distribution is as set out in the table below: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 27

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Item Description Allocation Remarks A. Assets Distributed In Mediation (adopted As Orders Of Court) 1. Kapsaret Block 1/ Yamumbi/221 (0.8094 Ha) House 1 Agreed allocation. This was the matrimonial home of the deceased and his first wife. 2. Eldoret Municipality/ Block 15/ Huruma/521 (0.08 Ha) House 2 Agreed allocation. This is the matrimonial home of the deceased and Esther Nyambura Ndichu. 3. Mwiruti Shopping Centre (approx. 35x17 feet) House 1 Agreed allocation. Commercial plot currently in dilapidated condition. B. Properties Not Forming Part Of The Estate (adopted As Orders Of Court) 4. Eldoret Hill School Plot Nos. 1412 and 1413 Estate of late Nahashon Njenga Kabuba Held in trust. To revert to Kabuba's estate. Administrators to facilitate transfer. 5. Juja/Kiaura Block 14 (Waroma & Njemwa)/560 (0.0217 Ha) Joshua Kariuki Njenga (ID: 737xxxx) Held in trust. Administrators to facilitate direct transfer. 6. Eldoret Municipality Block 15/ Kipkaren/784 James Gatundu 1136xxxx) Kirechu (ID: Sold during deceased's lifetime. Payment complete. Administrators to facilitate title transfer. 7. Sergoit/Koiwoptai Block 9/24 (0.1970 Ha) Bona fide purchasers Sold during deceased's lifetime. Payments complete. Administrators to facilitate title transfers. C. Remaining Assets - Distributed To Achieve 7:4 Statutory Ratio https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 28

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8. Eldoret Municipality/ Block 15/ Huruma/122 (0.0666 Ha) - Rental Property generating approx. Kshs. 80,000/month House 1 Income-generating property allocated to House 1 to balance the ratio. 9. Juja/Kiaura Block 14/568 and 569 (0.0418 Ha combined) - Rental Property generating approx. Kshs. 80,000/ month House 2 Single integrated rental building spanning both plots allocated to House 2. 10. Eldoret Municipality/ Block 15 (West Farmers)/1621 (0.1089 Ha) House 1 Undeveloped land. 11. Eldoret Municipality/ Block 15 (West Farmers)/1604 (0.1089 Ha) House 1 Undeveloped land. 12. Plot measuring 40x60 feet along ThikaGarissa Highway, Makongeni House 2 Undeveloped land. 13. Eldoret Municipality/ Block 15/ Huruma/221 House 1 As agreed mediation. Rental income from 1st May 2025 onwards To be deposited in Joint Account No. 100211xxxx (NCBA Bank) in names of Michael Ndishu and Esther Ndichu As per mediation agreement. Monthly deposits until final distribution. during D. Rental Income 14. 19. In respect of the rental income collected from the date of death of the deceased (15th March 2021) to 30th April 2025, I note that this formed part of the objectors' prayers in their summons dated 27th November 2024. The matter of accountability for rental income remains a live issue. Accordingly, I hereby order that a Certified Public Accountant be appointed by consent of the parties, failing which by the court, to undertake a comprehensive audit of all rental income collected from the estate properties during the https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 29

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said period. The Accountant shall file a detailed report within forty-five (45) days from the date of this ruling. Upon filing of the report, the parties shall be at liberty to address the court on the appropriate orders to be made regarding the distribution of the said rental income in accordance with the statutory ratio of 64%:36%. 20. The administrators are hereby directed to continue managing the estate diligently and to take all necessary steps to preserve the estate assets pending final distribution. They shall maintain proper accounts and shall be answerable to the court for any acts of mismanagement or waste. 21. In the final result, I make the following orders: a. The partial settlement agreement dated 25th April 2025 is hereby adopted and affirmed as an order of this court. b. The estate of the late Mark Joel Ndichu Njenga shall be distributed between House 1 and House 2 in the statutory ratio of 7:4 as set out in the table above. c. The administrators shall identify, quantify, and value all outstanding assets within two (2) months from the date of this ruling and file a supplementary report for further directions. d. A Certified Public Accountant shall be appointed to audit rental income collected from 15th March 2021 to 30th April 2025, with a report to be filed within forty-five (45) days. e. Each party shall bear its own costs. 22. Orders accordingly. DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 27TH DAY OF JANUARY, 2026 ………………………………… R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/457/eng@2026-01-27 30

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