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Original judgment

Irene Kanyi Mwangi & 9 Others v Attorney General & 3 others

In re Estate of Njoroge (Deceased) (Succession Cause 84 of 1994) [2026] KEHC 2088 (KLR) (16 February 2026) (Ruling) Neutral citation: [2026] KEHC 2088 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 84 OF 1994 JM NANG'EA, J FEBRUARY 16, 2026 IN THE MATTER OF THE ESTATE OF BENJAMIN WAMANJI NJOROGE (DECEASED) BETWEEN IRENE KANYI MWANGI & 9 OTHERS .............................................. APPLICANT AND ATTORNEY GENERAL ................................................................ 1ST RESPONDENT PS, MINISTRY OF LANDS & SETTLEMENT .......................... 2ND RESPONDENT PS, MINISTRY OF SPECIAL PROGRAMMES ......................... 3RD RESPONDENT PHILIP KAMAU NJOROGE ....................................................... 4TH RESPONDENT RULING 1. For the court’s determination is a Summons dated 22/9/2025 brought by the Administrators herein who seek orders as hereunder;1. Spent. 2. That the Title Deed for the land known as Ndong’a Farm Subukia L.R. No. 6507/IR No. 2195 be surrendered to court within 14 days from the issuance of the orders. 3. That summons be issued to the 2nd and 3rd Respondents as well as the Land Registrar concerned to explain reasons for non-compliance with orders issued by Hon. Ngugi J (as he then was) on 26/01/2023. 4. That in default of the above, the Title Deed for land known as Ndong’a Farm Subukia L.R. No. 6507/IR No. 2195 currently held by the Ministry of Lands be cancelled and the Land Registrar be directed and authorised to revert the Title to be in the name of the deceased, Benjamin Wamanji Njoroge. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2088/eng@2026-02-16 1

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5. That any quarrying and road paving activities on the suit land whether planned or ongoing immediately cease. 6. Any other reliefs that the court may find just to grant. 7. THAT the costs of the Application be in the cause. 2. The Respondents have not expressed opposition to the Application by filing appropriate replies. The Application is in the circumstances deemed as unopposed. 3. In the first instance, the court issues summonses as per prayer 3) of the Application. Upon hearing the parties summoned, further orders or directions shall issue. 4. The Deputy Registrar shall sent the summonses to the concerned parties requiring them to appear before this court on 22/4/2026. RULING DELIVERED VIRTUALLY THIS 16 TH DAY OF FEBRUARY, 2026. J. M. NANG’EA - JUDGE In the presence of: Mr. Biko Advocate for the Administrators Mr. Mwangi Advocate for the Interested Parties Other Parties, Absent https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2088/eng@2026-02-16 2

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