In re Estate of Chepkoech (Deceased) (Probate & Administration E134 of 2023) [2026] KEHC 9715 (KLR) (Family) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 9715 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY PROBATE & ADMINISTRATION E134 OF 2023 H NAMISI, J JULY 3, 2026 IN THE MATTER OF THE ESTATE OF MARIAM ALI CHEPKOECH (DECEASED) BETWEEN HAJI ABUD ........................................................................................... 1ST OBJECTOR ABUD JUMA WAZIRI ........................................................................ 2ND OBJECTOR FATIHIYA JUMA WAZIRI ................................................................. 3RD OBJECTOR AND MAIMUNA JUMA RAMADHANI .............................................. 1ST RESPONDENT RAMADHANI JUMA RAMADHANI ....................................... 2ND RESPONDENT JEFER KIIRU KERE ..................................................................... 3RD RESPONDENT RULING 1. Before this Court is Notice of Motion dated 15 September 2025, which seeks the following orders: i. That this Honourable Court be pleased to cite the 1st Respondent for contempt of the orders of this Court issued on 19 May 2025; ii. That the 1st Respondent be committed to civil jail for deliberate disobedience of the said court orders; iii. That the Honourable Court be pleased to make such further orders as may be just in the circumstances; iv. That costs of this Application be provided for. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9715/eng@2026-07-03 1
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2. When the matter came up for mention on 16 February 2026, only Counsel for the Objectors/ Applicant attended Court. He informed the Court that he had received a Replying Affidavit from the Respondents and subsequently filed his submissions. The Court then reserved a Ruling date for the Application. 3. Unknown to Counsel for the Objectors/Applicants and this Court, the Respondents had, on the same day, uploaded a Ruling by the Court of Appeal issued on 13 February 2026 in Civil Appeal (Application) No. E443 of 2025. In its Ruling, the Court of Appeal directed as follows: “ Consequently, the application dated 16th June 2025 is allowed. We order that pending the hearing and determination of the appeal, the order of injunction given by the High Court at Nairobi on 19th May 2025 in Nairobi High Court Succession Cause No. E134 of 2023 restraining the applicants from occupying or collecting or receiving rent over the property known as LR No. 209/2111 is hereby stayed.” 4. In view of the foregoing, this Court must immediately drop its pen, and await the outcome of the appeal. I proceed to do so. DATED AND DELIVERED AT NAIROBI THIS 3 DAY OF JULY 2026 HELENE R. NAMISI JUDGE OF THE HIGH COURT Delivered on virtual platform in the presence of: Court Assistant: Lucy Mwangi https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9715/eng@2026-07-03 2
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