Paul Kamenju & 1 other v John Njuguna Kamenju

Kamenju & another v Kamenju (Family Appeal E003 of 2026) [2026] KEHC 7046 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEHC 7046 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU FAMILY APPEAL E003 OF 2026 JM NANG'EA, J MAY 20, 2026 BETWEEN PAUL KAMENJU ............................................................................... 1ST APPLICANT HARUN GAITHO KAMENJU ........................................................ 2ND APPLICANT AND JOHN NJUGUNA KAMENJU ........................................................... RESPONDENT RULING 1. By Notice of Motion dated 19/1/2026, the Applicants pray for orders as hereunder;1. Spent. 2. Spent. 3. That pending the hearing and determination of this appeal, there be a stay of execution in Nakuru MCC Succ. No. 246 of 2017. 4. That the Applicant be granted leave to file their Appeal out of time. 2. The Motion is supported by affidavit of the 1st Applicant. He avers inter alia that they are aggrieved by the lower court’s Ruling of November 2025 confirming the Grant herein. They could not lodge Appeal out of time because of financial incapacity. The 1st Applicant laments that the Respondent is proceeding to transmit the deceased’s Estate as per the Certificate of Confirmation of the Grant, hence the Application. 3. Despite evidence of service of the Application upon the Respondent, no reply thereto has been put in. The Application is thus deemed as unopposed. 4. The Notice of Motion dated 19/1/2026 is therefore granted as per prayers 3 and 4. No order is made as to costs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7046/eng@2026-05-20 1

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