Lydia Karimi v Edward Mwirigi Mbwiri

RULING 1. Vide summons dated 13th June,2025 brought under Section 47 of the Law of Succession Act, Rule 73 of the Probate and Administration Rules and Section 70 of the Land Registration Act No.3 of 2012, the Applicant, Beatrice Kiende Kirugi, seeks the following orders: 1. Spent 2. That an order be and is hereby issued directing the Imenti South Land Registrar to cancel entries numbers 7, 8 and 9 in the register of L.R NO Nkuene/L-Mikumbune/691 and have the title revert to the name of Sebastian Mbwiri Kiene. 3. That an order be and is hereby issued lifting the inhibition order registered on 7/9/2011 against L.R.NO. Nkuene/L-Mikumbune/691. 4. That an order be and is hereby issued directing the Imenti South Land Registrar to dispense with the original title deed for L.R.NO. Nkuene/L-Mikumbune/691 during the registration of the transmission documents. 5. That costs be in the cause. 2. The Application is premised on the grounds on its face and supported by an affidavit of the Applicant, Beatrice Kiende Kirugi, sworn on the even date. 3. She deponed that she is the Administratix of the Estate of Edward Mwirigi Mbwiri (deceased) who was the son of Sebastian Mbwiri Kiene. 4. She avers that according to the certificate of grant dated 24.9.2009, L.R.NO. Nkuene/LMikumbune/691 was distributed to the 1st Petitioner, Joanina Kaimuri Mbwiria, and that subsequently as per this grant, the parcel of land herein was registered in the name of the Administrators on 28.6.2010 and in the name of the 1st Petitioner on 28.7.2010. 5. That this court through a ruling dated 27.6.2019 revoked the grant issued and confirmed on 10.3.2008 and 16.9.2009 respectively and thereafter fresh summons were filed, and through a ruling delivered on 30.12.2020, L.R.NO. Nkuene/L-Mikumbune/691 was distributed afresh to Edward Mwirigi Mbwiri. 6. That Edward Mwirigi Mbwiri died on 27.10.2019 and she filed a succession cause at Nkubu Law courts seeking to distribute his said allocated parcel of land to his beneficiaries, and on 10.12.2024 the grant therein was confirmed. 7. She thus prayed that this court allows her application so as to enable her expedite the transmissions of L.R.NO. Nkuene/L-Mikumbune/691 to its rightful beneficiaries. 8. In opposition, the protestor, Christine Mukiri, swore a replying affidavit on 6th October, 2025 wherein she averred that this matter is pending appeal before the court of Appeal at Nyeri vide Nyeri Appeal No. E133 of 2023 and as such it is against the principles of natural justice and un-procedural for the parties to commence execution of the court orders on a piecemeal basis and more so during the pendency of the appeal. 9. In response to the said Replying affidavit, the Applicant swore a supplementary affidavit on 9th October,2025 deposing that the said appeal does not concern the share distributed to Edward Mwirigi https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6611/eng@2026-04-30 2

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Mbwiri but challenging the part of the ruling dated 30.12.2020 wherein the court recognized Lydia Karimi as the widow of the deceased and distributed L.R NO. Nkuene/L-Mikumbune/689 to her. 10. The summons was canvassed through written submissions. Only the Applicant’s submissions are on record. 11. The Applicant reiterated the contents of her supporting and supplementary affidavits and argued that no prejudice will be occasioned to the protestor should her application be allowed. Analysis & Determination 12. Having considered the Application and affidavit in support and in opposition plus the submissions on record, I opine that the sole issue for determination is whether the Application is merited. 13. I note the Protestor has not rebutted the Applicant’s averments. However, her position is that any distribution of the estate should await the determination of the Appeal. 14. From the annexures filed, particularly BBK5 and BBK6, which are copies of the ruling and rectified certificate of grant respectively, it is evident that L.R. No. Nkuene/L-Mikumbune/691 was allocated to the late Edward Mwirigi. It is not in dispute that he is deceased and the Applicant was appointed administratrix of his estate as shown by the temporary grant on record. Further, annexure BBK10, which is the certificate of confirmation of grant, demonstrates the subject land has already been distributed to the rightful beneficiaries of the estate of the said Edward Mwirigi. 15. The memorandum of appeal by the Protestor does not disclose any challenge to the said parcel of land. 16. There is therefore no legal impediment to the distribution of the said parcel of land. The mere pendency of an appeal does not operate as an automatic stay of proceedings and in the absence of a stay order, this Court retains jurisdiction to proceed with distribution of the estate, particularly where the appeal does not challenge the subject property sought to be distributed. 17. In the upshot, the application dated 13th June,2025 has merit and I hereby allow it as prayed. DATED, SIGNED AND DELIVERED AT MERU THIS 30TH DAY OF APRIL, 2026. H. M. NYAGA, JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6611/eng@2026-04-30 3

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