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Original judgment

Peter Gitiha Kamau v Magdaliner Tabutany Kelwon & Elijah Kelwon Cheburet (suing As The Administrators of The Estate of The Late Elijah Kelwon Cheburet) & 5 others

Kamau v Kelwon & another (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet) & 5 others (Civil Appeal E064 of 2025) [2026] KEHC 2366 (KLR) (20 February 2026) (Ruling) Neutral citation: [2026] KEHC 2366 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI CIVIL APPEAL E064 OF 2025 AN ONGERI, J FEBRUARY 20, 2026 BETWEEN PETER GITIHA KAMAU ....................................................................... APPELLANT AND MAGDALINER TABUTANY KELWON & ELIJAH KELWON CHEBURET (SUING AS THE ADMINISTRATORS OF THE ESTATE OF THE LATE ELIJAH KELWON CHEBURET) ................................................................ 1ST RESPONDENT CHOGA CHINDORO .................................................................. 2ND RESPONDENT JOSHUA MATHENGE .................................................................. 3RD RESPONDENT EAST AFRICAN INSTITUTE OF AFRICAN STUDIES .......... 4TH RESPONDENT EAST NCBA BANK KENYA PLC ............................................... 5TH RESPONDENT JOSEPH MUIRI KARIUKI .......................................................... 6TH RESPONDENT RULING 1. The application dated 11th February 2026 be and is hereby allowed. 2. The Appellant to serve the Interested Party with the Record of Appeal and submissions. 3. Mention on 3rd March 2026 for a judgment date. The Appellant and Respondents are granted leave to file any rejoinder if need be. DATED, SIGNED AND DELIVERED THIS 20TH DAY OF FEBRUARY 2026 IN OPEN COURT AT VOI HIGH COURT. ASENATH ONGERI https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2366/eng@2026-02-20 1

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JUDGE In the presence of:Court Assistant: Mabishi/Millicent Mr. Kinyanjui for the Appellant Mr. Arusei for the 1st Respondent Mr. Kofura for the Proposed Interested Party https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2366/eng@2026-02-20 2

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