High Court 5917 of 2026

Name Description Properties Sammy Mwirigi Ng'ang'a Agnes Muthoni Ng'ang'a L.R. No. 1159/41 Karen Catherine Ng’ang’a Wanjiru Nancy Ng'ang'a Wamoro of L.R. No. 209/6898 Kileleshwa L.R. No. 1159/41 Karen Share of Heirs 4.32 Acres together with Matrimonial Home jointly in Equal shares 2.49 Acres Absolutely 1000 shares Shares in Katonga Limited Alan Rubia Ng'ang'a L.R. No. Dagoretti/ Riruta/S.51 Shares in Katon a Limited Whole Absolutely 1000 shares Sammy Ng'ang'a Kiambaa/Kihara/T. 432 Whole Absolutely 1000 shares Mwirigi Shares in Katonga Limited Agnes Ng'ang'a Muthoni Catherine Ng’ang’a Wanjiru Sammy Ng'ang'a Mwirigi Agnes Muthoni Ng'ang'a Catherine Wanjiru Ng'ang'a Alan Rubia Ng'ang'a Nancy Ng'ang'a Warnoro Shares in Katonga Limited 1000 shares L.R. No. Ngong/ Ngong/8834 L.R. No. Ngong/ Ngong/2766 To be sold and shared out equally proceeds L.R. No. Ngong/ Ngong/5804 Barclays Bank Kenya Shares of East African Breweries Ltd Shares NIC Bank Shares All Bank Accounts and deposits in the deceased's name https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5917/eng@2026-04-30 2

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Sammy Ng'ang'a Mwirigi Agnes Ng'ang'a Muthoni Catherine Ng'ang'a Wanjiru KTH 894 Mercedez Benz KQL 396 Colt Gallant To be sold and shared out equally proceeds Alan Rubia Ng'ang'a 4. 5. To effect the transmission of the Karen property which would necessitate subdivision of the property, the Nairobi City county required that access roads to the subdivided parcels be constructed before approval for subdivision is granted by the county. The beneficiaries were unable to agree on the cost of the construction of access road and who was to pay for the same. The issue came before Aroni J who by ruling dated 5th March 2020 directed: (a) The estimates the likely average cost of the road construction from presentations of the parties at Ksh.20,000,000/- and apportions on pro rata basis to be paid by all the 5 parties a sum of Ksh.4,000,000,000/-each. (b) An interest earning account be opened in the names of the three law firms on record for the parties and the Applicant do deposit Kshs.4,000,000/= being his estimated share of the road construction. (c) Upon payment of the said amount of Ksh.4,000,000/- the Administrators will sign within 14 days of such payment the relevant documents for transfer and avail all other necessary documents to facilitate transfer of the Applicant's portion to his name or his nominee. (d) Upon further tabulation of costs herein the sum Kshs.2,143,500/= being the cost of subdivision or a sum to be agreed upon will be shared on pro rata basis amongst the beneficiaries and a refund made to the applicant. In compliance with clause B of the order a joint account was opened at the equity Bank in Account No. 1470 284 214 19 A/c Name: Mereka & Company Advocates A/c No: 17702825xxxxx Mbugua Nganga & Company Amolo Gachoka Advocates Equity Bank Kilimani Supreme Center. 6. Catherine Wanjiru Nganga, Agnes Muthoni Nganga and Sammy Mwangi Nganga the Applicants duly deposited each their contribution of 4 million each totaling to Ksh 12 million to the Account. Allan Rubia and Nancy Wamoro did not deposit their contribution of Ksh.4 million each. A total of Ksh 8 million was not deposited to enable the construction of the access road to proceed. By ruling of this Court dated 23rd August 2024 this court directed the parties who had not paid their contribution Nancy Wamoro Nganga and Allan Rubia Nganga to make their contribution within 30 days. They did not comply. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5917/eng@2026-04-30 3

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7. Mereka & Company Advocates acting for Agnes Muthoni Nganga , Sammy Mwirigi Nganga and Catherine Wanjiru Nganga filed this application dated 30th January 2025 seeking the following prayers: 1. THAT this Application be certified urgent and heard ex parte in the first instance. 2. THAT this Honourable Court be pleased to grant orders compelling the 2nd interested party to transfer all monies amounting to Kshs.12,000,000/- deposited by the Applicants Advocates in Joint Account Number 147028482xxxxin the names of Mereka and Company, Mbugua Nganga and Company & Amolo Gachoka Advocates at Equity Bank, Kilimani Supreme Center to the Applicant's Client Account number as follows: A/c Name: Mereka & Company Advocates A/c No: 17702825xxxxx Bank: Equity Bank Ltd Branch: Parliament Road Swift Code: EQBLKENA 8. Mbugua Nganga and Company advocates for Allan Rubia filed a replying affidavit opposing the application. Allan deponed that he has been unable to deposit his contribution of Ksh 4 million to the joint interest earning Account due to the frustration by the applicants who have refused to execute the transmission documents to enable him to sell a property. Amolo & Gachoka for Nancy Wamoro opposed the Application. They filed Replying affidavit where 2nd Respondent confirmed that she has not paid the same but had blamed it on the applicants who frustrated her effort by failing to sign transmission documents. 9. Both parties filed their respective submissions to the Application which I have considered. The facts in this Application are not in dispute. Aroni Judge by ruling dated 5.3.2020 directed that a joint interest earning account be opened by the parties. This was done. Account number 17702825xxxxx was consequently opened in the joint names of the advocates at Equity Bank Kilimani Supreme Center. Aroni J further directed each of the 5 beneficiaries to deposit Ksh 4 million to the account which will total to Ksh. 20 million, the funds were to be used for construction of the access road whose cost had been estimated at Ksh. 20 million. The 3 Applicant Agnes Muthoni, Sammy Mwirigi and Catherine Wanjiru duly deposited their contribution of each Kenya shilling 4 million to the account all totaling to Ksh.12million. 10. As the first and second respondents have failed to comply on the order of the court on payment of their share, this court finds that it is only fair and equitable that the funds deposited by the Applicants be refunded to them. The first and second Respondents have no interest in the Ksh.12 million deposited in the Account and therefore have no basis for opposing the transfer of the funds to the rightful owners as the object of contribution has failed. I therefore order that the branch manager Equity Bank Kilimani Supreme Center transfer the sum of Ksh.12 million and interest earned from account number 17702825xxxxx in the joint names of Mereka Gachoka Amolo. A/c Name: Mereka & Company Advocates A/c No: 17702825xxxxx Bank: Equity Bank Ltd Branch: Parliament Road https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5917/eng@2026-04-30 4

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Swift Code: EQBLKENA Sort Code: 177 11. The second application in this cause is Notice of Motion dated 6th September 2024 by Mbugua and Nganga Advocates acting for Allan Rubia seeking the following: 1. Leave to appeal 2. Stay of execution 12. The grounds for the Application are that Court delivered a ruling directing the applicant and another to deposit Kenya shilling 4 million to a joint interest earning account within 30 days and administration of the estate be completed within 90 days of the date of the ruling in default the Certificate of Confirmation of grant stand revoked on the 91st day. The applicant being aggrieved by the order seeks leave to appeal to the Court of appeal and that the said orders be stayed. 13. The Application is opposed by the other beneficiaries Catherine Wanjiru, Agnes Muthoni and Sammy Mwirigi and Agnes Muthoni swore a Replying affidavit in support of the opposition to the Application. Nancy Wamoro Nganga a widow and beneficiary filed affidavit in support of the Application. I have considered the application and responses filed. I note that this court delivered a ruling dated 23rd August 2024. The Applicant Allan being dissatisfied with the ruling seeks leave from this court to prefer an appeal against the same. Since appeal is his constitutional right, this court finds no reason to deny him exercise his constitutional right. 14. I therefore grant leave to the Applicant Allan to file appeal in the court of appeal within 30 days of this ruling. 15. The Orders dated 23rd August 2024 were in the following terms: 16. 1. That the payment by each of the beneficiaries of to the joint Access for construction of the access road by completed with 30 days from today's date. 2. Whoever who does not complete the payment, no transmission documents will be signed by the administrators for distribution of his/her share to him/her. 3. The administrators to move diligently to complete the administration of the estate within 90 days. 4. If the (3) above is not complied with within 90 days, the certificate of confirmation of grant issued will stand revoked on the 91st day; from the date of this ruling. Order 1,2,3, are directory in nature and both parties have confirmed were not complied with. Order 4 is as follows: If the (3) above is not complied with within 90 days, the certificate of confirmation of grant issued will stand revoked on the 91st day; from the date of this ruling. 17. A clear reading of the order did not order the applicant or any of the parties to do anything or prohibit them from doing any action or activity. It is therefore a negative order. The position in law is that a negative order cannot be stayed. For an order of stay of execution to lie the order or decree sought to be stayed must be positive in nature. 18. In this case this Court has not by ruling dated 23rd August 2024 on order number 4 ordered the applicant or any of the parties to do or refrain from doing anything. There is therefore nothing to stay. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5917/eng@2026-04-30 5

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I find the application dated 9th September 2024 by Allan seeking stay of execution without merit and is dismissed with costs. DATED AT NAIROBI THIS 30TH DAY OF APRIL, 2026 ……………….. S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5917/eng@2026-04-30 6

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