Catherine Njeri Nganga v Louisa Wanjira Mburu & 2 others

5. The 1st Objector is an administrator in the Estate of John Godhard Ichahuria Mburu (Deceased) in the High Court at Nairobi, P&A No. 494 of 1982. The late John Godhard Ichahuria Mburu was the husband of Carmelina, whose estate is the subject of this case. 6. The Applicant has presently filed an application dated 20th June, 2025 seeking for review of the orders made on 25th October, 2021 on the grounds that the Applicant wishes to pursue the protection of the interests of John Godhard Mburu, deceased pursuant to the determination made in Environment and Land Court Case No. 1180 of 2024 which touches on the property L.R 209/35863. 7. In the application, the Applicant references an agreement with Late Carmelina, stating that they agreed she would act on Carmelina’s behalf to trace properties belonging to her and her deceased husband. According to the Applicant the agreement also states that she will receive a percentage of the assets recovered as compensation for her efiorts. 8. The 1st Objector, who is a co-administrator and beneficiary of the Estate of John Godhard Ichahuria Mburu (Deceased), opposed the application. She asserts that the Applicant lacks locus standi to deal with or make any claims over the properties referenced. 9. The issue for determination is whether the Applicant has made a case for the review of the orders that revoked the limited grant that had been issued to her. 10. The Applicant has stated that there is no pending appeal at the Court of Appeal. The pleadings before me show that a notice of appeal was filed, and there is also a ruling regarding Civil Application No. E408 of 2021 at the Court of Appeal, Nairobi Civil Registry. The Civil Application does not reference a formal appeal before the Court of Appeal, and the Ruling indicates that the Civil Application file was limited to consideration of a stay of the order for revocation. 11. The issue of whether a Notice of Appeal constitutes preferring of an appeal has been addressed by the Court of Appeal in Multichoice (Kenya) Ltd v Wananchi Group (Kenya) Limited, Communications Commission of Kenya & Kenya Broadcasting Corporation [2020] KECA 633 (KLR) that a Notice of Appeal is but a manifestation of an intention to appeal and that the definition of an appeal in Rule 2 of the Court of Appeal Rules to include an intended appeal is only for purposes of an application under Rule 5(2) (b) of the Court of Appeal Rules, akin to Order 42 Rule 6(1) of the Civil Procedure Rules, otherwise known as applications for stay of execution of decree/order pending appeal. 12. There being no appeal therefore, the Applicant could approach the Court for review. 13. Under Order 45, Rule 1 of the Civil Procedure Rules, a review of a decree or order is permitted based on the discovery of new and important evidence, a mistake or error apparent on the face of the record, or any other sufficient reason. 14. The Applicant states that new evidence has emerged from the determination by the Environment and Land Court in Nairobi ELC Case No. 1180 of 2018, with a judgment delivered on 25th March, 2025. According to the Applicant, this judgment includes ‘directions’ that the Estate of John Godhard Mburu is required to follow and pursue. 15. The issue of the Environment and Land Case was presented before the Court when the application for revocation was allowed. It is therefore not a new matter to form a basis for a review. 16. Besides, the Estate of John Godhard Mburu, which the Applicant says needs follow-up regarding the decision of the ELC Court regarding the specific property, has legal representatives appointed in P&A 494 of 1982. The Grant is in force, and under the Law of Succession Act (Cap 160) of Kenya, administrators are personal representatives in whom the property of a deceased person vests upon the https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/957/eng@2026-02-02 2

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granting of letters of administration. They are empowered to manage the estate, including the legal authority to act on behalf of the estate in lawsuits. 17. Regarding the present Estate of Carmelina Ngami Mburu, the ruling of 25th October, 2025 already found that the power of attorney the Applicant relies on was automatically terminated upon the deceased’s death. 18. There is another Succession Cause No. 1493 of 2018, concerning the same estate. This case was referenced in the ruling by Justice Muchelule and is currently active before the Court. It is noted that the Applicant is also participating in that case. Additionally, there is a limited Grant issued to Joseph (3rd Objector), which is mentioned in the case In re Estate of John Godhard Ichahuria Mburu (Deceased) (Succession Cause 494 of 1982) [2025] KEHC 15936 (KLR) as P&A 1043 of 2018. 19. The Applicant’s invocation of review is without merit; the threshold required for such proceedings under Order 45 of the Civil Procedure Rules has not been met. 20. The application dated 20th June, 2025 by Catherine Njeri Nga’nga is dismissed with costs to the 1st Objector. 21. This file is marked as closed. 22. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 2ND DAY OF FEBRUARY, 2026. .............................. C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl Mr. Kibelion Advocate, holding brief for Mr. Arusei Advocate for the Applicant Mr. Otieno Advocate, holding brief for Mr. Anzala, Advocate for the 1st Objector https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/957/eng@2026-02-02 3

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