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Original judgment

Sindi Wanjiru v Ann Njoki Munga

Wanjiru v Munga (Civil Appeal E759 of 2021) [2026] KEHC 1577 (KLR) (Appeals) (17 February 2026) (Ruling) Neutral citation: [2026] KEHC 1577 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) APPEALS CIVIL APPEAL E759 OF 2021 LP KASSAN, J FEBRUARY 17, 2026 BETWEEN SINDI WANJIRU ..................................................................................... APPELLANT AND ANN NJOKI MUNGA ........................................................................ RESPONDENT RULING 1. This is an application for review of Hon Mr Justice Magare’s judgement solely because the Honourable Judge did not consider the Appellant’s submissions. 2. The role of this court in making a determination is confined only on the possible impact of the Appellant’s submissions on the said Judgment. It is not for this court to evaluate or reevaluate the Hon Judge’s judgment as by doing so, it would be sitting as an Appellate Court. 3. I have read the submissions and the judgement and in question and have not seen anything that would have infiuenced the Honorable Judge to render a different judgement. The Honourable Judge expressed his opinion based on his understanding of the law and whereas the submissions by the Appellant appear to be contrary, it would not in any way interfere with the judgement- and as I said, I am not sitting on Appeal from the decision of a fellow judge. 4. The conclusion therefore is that although the judge did not consider the Appellant’s submission, there is nothing in those submissions that could have persuaded the Honourable Judge to come to a different finding. The Application for review is dismissed and since there was a mistake in the proceedings, each party shall bear own costs. DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 17TH DAY OF FEBRUARY 2026. HON L P KASSAN https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1577/eng@2026-02-17 1

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JUDGE In the presence of; Kipchoge holding brief Ochieng for Appellant Kibet for Respondent Carol – Court Assistant Court: Decretal amount is released to Defendant HON L P KASSAN JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1577/eng@2026-02-17 2

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