REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII SUCCESSION CAUSE NO. 87 OF 1989 IN THE MATTER OF THE ESTATE OF THE LATE MOGIRE ATIKA (DECEASED) ANTHONY MOGIRE ATIKA………. …………………..PETITIONER =VERSUS= THOMAS ZEBEDEO NYAMWAKA...............................INTENDED INTERESTED PARTY RULING 1. By this Application dated 2 nd June 2026, THOMAS ZEBEDEO NYAMWAKA is seeking be joined in these proceedings, as an Intended Interested Party. The Application is duplex, as it is similar to his other Application dated 4th October 2022 that sought this same joinder. 2. Which, Application was allowed on the prayer of joinder alone. Thereby joining him as Interested Party in these same proceedings. 3. As joinder was already allowed, there is no other grantable or viable prayer pending in that Application. Hence the Application is now spent. 4. As for the current Application. This one dated 2 nd June 2026, it was on 22nd June 2026. KISII HC Succession Cause No. 87 of 1989 1
page 1 of 2
5. For those reasons, the Application dated 2 nd June 2026 having been withdrawn, is no longer active, and longer before this Court. While the Application dated 4 th October 2026 is spent, hence is hereby marked as spent and moot. DATED and DELIVERED at KISII on this 27 th day of July 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Succession Cause No. 87 of 1989 2
page 2 of 2