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Original judgment

Maryann Wangui Mbugua v Philip Ndegwa Mbugua & 1 other

In re Estate of Ndegwa (Deceased) (Succession Cause E047 of 2025) [2026] KEHC 4196 (KLR) (25 March 2026) (Directions) Neutral citation: [2026] KEHC 4196 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU SUCCESSION CAUSE E047 OF 2025 DO CHEPKWONY, J MARCH 25, 2026 IN THE MATTER OF THE ESTATE OF THE LATE PAUL MBUGUA NDEGWA (DECEASED) BETWEEN MARYANN WANGUI MBUGUA .......................................................... APPLICANT AND PHILIP NDEGWA MBUGUA ....................................................... 1ST RESPONDENT PAULING MWERU MBUGUA .................................................... 2ND RESPONDENT DIRECTIONS 1. 2. This matter came up for Directions on 5th March, 2026, wherein it was noted that there are two pending applications before court, being:a. The Application dated 7th October, 2025 in which the Applicant is seeking to have Maryann Wangui Mbugua added as an administrator of the estate herein. b. The Summons for Confirmation of Grant dated 21st October, 2025. The Counsel for the Petitioners informed court that they have responded to the Objector’s application and filed submissions dated 26th January, 2026 to the two applications. He also stated that M/S Nganga had also filed and served their submissions dated 4th March, 2026 in respect of the application dated 7th October, 2025, which then left the Petitioner’s application dated 21st October, 2025 unopposed. Mr. Kabucho, counsel for the Petitioners proposed that the court directs that Summons for Confirmation of Grant having been filed, the Objector be allowed to file and serve a Protest to the same since the Objector’s application dated 7th October, 2025 involves an issue of property. That the parties can then be directed to either dispose of the same by either submissions or by viva voce evidence so as to save on court’s time. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4196/eng@2026-03-25 1

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3. The Counsel for the Objector, M/S Nganga stated that her application dated 7th October, 2025 had been filed first and submissions in support and in opposition have already been filed. She also pointed out that her clients were left out and thus, if it was an issue of saving on court’s time, he be included as an Administrator of the Estate as one of the Applicants is out of the country. She confirmed that if the counsel was agreeable to their request, then she could file a Protest, but it not, then the court should proceed and issue directions on how to proceed with the application. 4. Having listened to both counsel for the Administrators and the Intended Objector, the court finds that the parties appear to be in agreement to the proposal that the Objector puts in a Protest to the Summons for Confirmation of Grant dated 21st October, 2025. This being the case, the following directions issue:a. The Intended Objector shall file and serve a Protest in respect to the Summons for Confirmation of Grant dated 21st October, 2025 within fourteen (14) days from the days hereof. b. The Summons for Confirmation of Grant shall proceed for hearing by way of viva voce evidence. c. Mention on 16th April, 2026 for parties to take directions on a hearing date. It is so ordered. RULING/DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 25TH DAY OFMARCH, 2026. D. O. CHEPKWONY JUDGE In the presence of: M/S Odongo holding brief for Mr. Kabucho counsel for the Administrators No appearance for and by Objector Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4196/eng@2026-03-25 2

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