In re Estate of Okongo (Deceased) (Succession Cause 397 of 2014) [2026] KEHC 10466 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10466 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII SUCCESSION CAUSE 397 OF 2014 PK ROTICH, J JULY 13, 2026 IN THE MATTER OF PACIFICA MONG’INA MAGEKA ................................................. 1ST PETITIONER JOSEPHINE MORAAMAGEK ....................................................... 2ND PETITIONER RULING 1. Before me is a Notice of Motion dated 8/12/2025. In the application the Petitioners/Applicants pray that the orders of this court issued on 29th day of November, 2018 be reviewed and/or set aside, varied or vacated. The applicants also pray that this suit be revived. 2. The application is based on the grounds on the face of it and supported by the annexed affidavit of Pacifica Mongina Mogeka, the 1st Petitioner. In her affidavit the 1st Petitioner avers that she did not have the occasion to attend court on 29th November 2018 when this matter was dismissed for abetement. She also states that she delayed in filing this application because she was not aware the matter had been dismissed 3. In the interest of substantive justice this suit is reinstated. The petitioners are also directed to file schedule of mode of distribution within 7 days. DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT PLATFORM THIS 13TH DAY OF JULY 2026. HON. P. K. ROTICH JUDGE In the presence of: Ms. Angewenyi for the Petitioners https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10466/eng@2026-07-13 1
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