High Court 2247 of 2026

In re Estate of Wambugu alias Wamai s/o Wambugu (Deceased) (Succession Cause 1070 of 2010) [2026] KEHC 2247 (KLR) (17 February 2026) (Ruling) Neutral citation: [2026] KEHC 2247 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI SUCCESSION CAUSE 1070 OF 2010 DKN MAGARE, J FEBRUARY 17, 2026 IN THE MATTER OF THE ESTATE OF WAMAI WAMBUGU ALIAS WAMAI S/O WAMBUGU (DECEASED) IN THE MATTER OF PETER GATHERE WANJAU ................................................................. APPLICANT RULING 1. The applicant seeks to have the court sign forms to title Gikondi/Kiirungi/50 to the beneficiaries. 2. The court had ordered that the same be shared in two sets at 0.3665 acres each amongst 8 beneficiaries, including Evans Karoki Ndegwa. 0.293 acres was to be shared among 5 beneficiaries, including Maina Wanjau. In effect, 13 subdivisions were required. 3. The administrator initially did 12 portions and later 4 portions. This is not in accordance with the rectified certificate of confirmation of grant issued on 26/7/2023. 4. Consequently, the Respondents were right in refusing to sign the transmission forms as they are contrary to grant. I therefore expunge any subdivision carried out without regard to the grant in situ. 5. The application dated 8/12/2025 is hereby dismissed. The administrator shall cause the County Surveyor to map out the estate in accordance with the confirmed grant in situ. Upon completion of the exercise, the beneficiaries shall thereafter sign relevant transmission forms. The foregoing shall be undertaken within two months from the date hereof. 6. The objectors should pay their fair share of survey fees through the first objector’s advocate. 7. The file is closed. DELIVERED, DATED AND SIGNED AT NYERI ON THIS 17TH DAY OF FEBRUARY, 2026. RULING DELIVERED PHYSICALLY IN OPEN COURT. KIZITO MAGARE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2247/eng@2026-02-17 1

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