REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 525 OF 1997 IN THE MATTER OF THE ESTATE OF SIMON MUGWERU WATHIRWA (DECEASED) CONSOLIDATED WITH NYERI SUCCESSION CAUSE NO. 250 OF 2007 IN THE MATTER OF THE ESTATE OF MAAKA MUKUHI MUGWERU (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR PRESERVATORY ORDERS MARTIN MUGWERU .…………..…………….….……… APPLICANT VERSUS LOISE WAIRIMU MUGWERU ….….…………… 1ST RESPONDENT RUTH WANJIRU MUGWERU ….….…………… 2ND RESPONDENT RULING SUCCESSION CAUSE NO. 525 of 1997 po/ hkc RULING Page 1 of 3
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1. Before me is a Notice of Motion application dated 6th November 2025 brought under sections 47, 94 and 83 of the Laws of Succession Act, Rules 49 and 73 of the Probate and Administration Rules and Article 159 (2) (d) of the Constitution of Kenya 2010.The applicant prays for orders that; a. Spent; b. Spent; c. Spent; d. That the Deputy Registrar of this Honourable Court be directed to formally communicate the existence of this preservatory order to the respective land registries and financial institutions holding estate related assets for administrative noting and compliance pending determination of this matter. e. The Costs be provided for. 2. The Notice of Motion dated 6 th November 2025 sought preservatory orders pending the hearing and determination of the application for revocation of grant. Having now determined the application for revocation, the substratum upon which the present application was founded has ceased to exist. The reliefs sought have therefore been overtaken by events and the application SUCCESSION CAUSE NO. 525 of 1997 po/ hkc RULING Page 2 of 3
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has been rendered moot. There is consequently no live controversy requiring this Court's determination. 3. Accordingly, November the Notice of 2025, having been dated 6 th overtaken by Motion events, is dismissed as having been rendered moot. 4. Each party shall bear its own costs. Dated signed and delivered via video link at Nairobi this 23rd day of July 2026. H.K. CHEMITEI JUDGE, FCIArb. SUCCESSION CAUSE NO. 525 of 1997 po/ hkc RULING Page 3 of 3
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