In re Estate of Mokoro (Deceased) (Succession Cause 327 of 2002) [2026] KEHC 12909 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 12909 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII SUCCESSION CAUSE 327 OF 2002 SIFUNA NIXON, J JULY 23, 2026 IN THE ESTATE OF MOKUA MOKORO (DECEASED) BETWEEN RICHARD ONDERI MOKUA ................................................... ADMINISTRATOR AND MARY MAOBA OKECHI ....................................................... INTERESTED PARTY RULING 1. This ruling is on the Interested Party’s Application dated 3rd February 2026. By which the Interested Party is urging this Court to lift the prohibitory order it placed on land parcel South Mugirango/ botabori South/734 on 13th March 2015. That all attachment and/or restrictions arising from the said prohibitory orders be similarly vacated. The Application is supported by the Supporting Affidavit of MARY MAROBA OKECHI the Interested Party. 2. The Application has stated that those orders were issued by this court to preserve the suit land in dispute not to be sold and/or change ownership, until dispute is solved. Further that the Environment and Land Court had already determined the dispute in KISII ELC NO 1106 OF 2016; and that the Decree of the court is ready for implementation but because of the said prohibitory orders, the decree cannot be executed until those orders are lifted. 3. That those orders were issued on 13th March 2015 and registered on 9th July 2015; and were issued, pending the hearing and determination of an Application dated 8th day of July 2014. That which was an Application for revocation of the grant in this Succession Cause, but that which was later dismissed vide a ruling delivered on 5th December 2016. 4. The Interested party later filed a suit at the Environment and Land Court in relation to the same parcel of land (namely Mugirango/botabori/734), seeking a declaration that the Petitioner holds the suit property in trust for the Interested Party herein and that the same be transferred to the Interested Party. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12909/eng@2026-07-23 1
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The Interested Party has further averred that judgement in that suit, was delivered on 20th April 2023; granting the above prayers. She is now urging the court to lift the said order. Determination 5. This Court notes that there exist two court orders registered against the suit property. One which was issued by this Court on 13th March 2015 and registered on 9th July 2015 by the Land Registrar; and another issued by the Environment and Land Court and registered on 20th March 2019. This Court only has control over its own orders, and not over the orders of courts of equal status, or of higher courts. 6. Upon dismissal of an Application or a suit, all and any interlocutory or temporary order issued on the Application, automatically lapse; or are deemed to have by that dismissal been vacated. DATED AND DELIVERED AT KISII ON THIS 23RD DAY OF JULY, 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12909/eng@2026-07-23 2
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