In re Estate of Karau (Deceased) (Succession Cause 2692 of 2006) [2026] KEHC 9227 (KLR) (Family) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9227 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 2692 OF 2006 HK CHEMITEI, J JUNE 25, 2026 IN THE MATTER OF THE ESTATE OF THE LATE JEDIDAH WANJIRU KARAU (DECEASED) BETWEEN JOHN THIONGO THANDE .................................................................. APPLICANT AND PENINAH NJERI NDOMBI ......................................................... 1ST RESPONDENT RITA WABUGI GITU ................................................................... 2ND RESPONDENT RULING 1. In his application dated 10th April 2024 the Applicant seeks orders that: (a) Leave be granted to the Applicant to appeal against the ruling of this Court dated 3rd April 2024. (b) The Court be pleased to grant stay of further proceedings in this succession cause pending the lodging herein and determination of the Applicant intended appeal against the said ruling. 2. The application is based on the grounds thereof and the Applicant’s sworn affidavit dated 9th April 2024. 3. The gist of the application is that the Applicant was dissatisfied with this Court’s ruling dated 3rd April 2024 and wishes to pursue an appeal at the Court of Appeal hence the application herein. 4. The application has been opposed by the grounds of opposition dated 20th April 2026 by Andrew Kuria Wangunyu a beneficiary who argues that the same is meant to delay the just conclusion of this matter and it ought to be dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9227/eng@2026-06-25 1
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5. Having perused the matter I think the current and latest jurisprudence is that leave is no longer necessary as per the decision of the Supreme Court of Kenya. 6. That being the case the prayer number one is dispensed with. In other words, the Applicant may proceed to prosecute his appeal. 7. The other prayer for stay pending appeal is untenable for the simple reason that the Applicant has not demonstrated how he stands to suffer if this estate is distributed as per the grant herein. 8. At the same time, he has not offered any evidence of a security which will cushion the rest of the beneficiaries should the appeal be rendered nugatory. 9. In the premises I do not find any merit in the application and the same is hereby dismissed with no order as to costs. conclusions DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 25TH DAY OF JUNE 2026. H K CHEMITEI JUDGE, FCIArb. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9227/eng@2026-06-25 2
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