1. Elyne Murira Mwafungo, acting as Trustee for Everlyne Kahaso William and Claire Kavumbi Mangaro of Gede, Mijomboni, in Malindi Sub-County, requests the court to issue an order in the current originating summons (OS) that:
a) This Honorable Court does hereby approve the intended sale, transfer, and registration of Land Title No. Gede/Mijomboni/2522 for the benefit of the beneficiaries.
b) The Land Registrar, Kilifi, is directed to process and register the consequential transfer of the said land pursuant to the said sale.
c) This Honorable Court does please to grant any other or further order it may deem just and expedient.
2. The applicant relied on the supporting affidavit sworn on the 9th of May 2025 and the supplementary affidavit sworn on the 11th of July 2025.
3. She avers that she is the biological mother of Everline Kahaso William and Claire Kavumbi Mangaro, named in Land Title No.Gede/Mijomboni/2522 as beneficiaries, whose land title is in her name as trustee for the said beneficiaries.
4. That the said beneficiaries are still minors, aged 16 and 11 years, as shown in their birth certificates. Their biological father is deceased, and they are in Grades 9 and 5, respectively, and therefore require payment of school fees and other school requirements, and also require that their upkeep and maintenance generally be catered for, which she is unable to do as she is not in any employment and does not have any source of income. That she attached a copy of the relevant school receipt dated 10th January, 2025, showing that the said children have been in arrears in terms of school fees.
5. Personally, she has been suffering from a long-term medical condition that limits her ability to engage in gainful employment and causes her to incur medical expenses. As such, it is a significant challenge to provide for her children.
6. Further, Claire Kavumbi Mangaro, one of the said children, suffers from sickle cell disease, a medical condition that is challenging and requires funds to manage.
7. Fundamentally, the said children have now been sent away from school due to nonpayment of school fees and arrears, and she has nowhere else to turn to in order to provide for them and ensure they can continue their education.
8. That the subject land herein was always intended by herself and her late husband, the children's biological father, to be used for the benefit of the children, specifically for their education and general upkeep.
9. That it is by reason of the foregoing matters that she seeks to sell the subject parcel of land herein, which she cannot do without the court's approval, as she is merely a trustee for the said children named in the said title as beneficiaries. She now seeks that approval through this OS.
10. Finally, she contends that there is an alternative land parcel where their homestead is and where they live, namely land parcel number Gede/Mijomboni/2397, measuring 2 acres, which is similarly registered in her name as trustee for her children herein. She further contends that if allowed to sell the portion of land herein proposed, the children and herself will still have another portion of land where they have a home and where she engages in subsistence farming to cater for the daily needs of the children.
11. The issue I frame for this court's decision is whether this court should allow the OS by authorizing the sale of the land in question for the benefit of the children.
12. When the OS was filed, albeit unopposed, the court found that the applicant did not disclose whether selling the proposed land would render the children and herself destitute, thereby negating the children's best interests.
13. In the further affidavit, it has been disclosed that there is an alternative land where the applicant lives with her children.
14. Consequently, I find no difficulty in issuing the orders as requested in the OS, which I hereby grant as prayed.
Dated, signed, and delivered virtually in Nyeri on this 29th day of January 2026, in the absence of parties who were aware of the delivery date.
E. K. MAKORI
JUDGE
a) This Honorable Court does hereby approve the intended sale, transfer, and registration of Land Title No. Gede/Mijomboni/2522 for the benefit of the beneficiaries.
b) The Land Registrar, Kilifi, is directed to process and register the consequential transfer of the said land pursuant to the said sale.
c) This Honorable Court does please to grant any other or further order it may deem just and expedient.
2. The applicant relied on the supporting affidavit sworn on the 9th of May 2025 and the supplementary affidavit sworn on the 11th of July 2025.
3. She avers that she is the biological mother of Everline Kahaso William and Claire Kavumbi Mangaro, named in Land Title No.Gede/Mijomboni/2522 as beneficiaries, whose land title is in her name as trustee for the said beneficiaries.
4. That the said beneficiaries are still minors, aged 16 and 11 years, as shown in their birth certificates. Their biological father is deceased, and they are in Grades 9 and 5, respectively, and therefore require payment of school fees and other school requirements, and also require that their upkeep and maintenance generally be catered for, which she is unable to do as she is not in any employment and does not have any source of income. That she attached a copy of the relevant school receipt dated 10th January, 2025, showing that the said children have been in arrears in terms of school fees.
5. Personally, she has been suffering from a long-term medical condition that limits her ability to engage in gainful employment and causes her to incur medical expenses. As such, it is a significant challenge to provide for her children.
6. Further, Claire Kavumbi Mangaro, one of the said children, suffers from sickle cell disease, a medical condition that is challenging and requires funds to manage.
7. Fundamentally, the said children have now been sent away from school due to nonpayment of school fees and arrears, and she has nowhere else to turn to in order to provide for them and ensure they can continue their education.
8. That the subject land herein was always intended by herself and her late husband, the children's biological father, to be used for the benefit of the children, specifically for their education and general upkeep.
9. That it is by reason of the foregoing matters that she seeks to sell the subject parcel of land herein, which she cannot do without the court's approval, as she is merely a trustee for the said children named in the said title as beneficiaries. She now seeks that approval through this OS.
10. Finally, she contends that there is an alternative land parcel where their homestead is and where they live, namely land parcel number Gede/Mijomboni/2397, measuring 2 acres, which is similarly registered in her name as trustee for her children herein. She further contends that if allowed to sell the portion of land herein proposed, the children and herself will still have another portion of land where they have a home and where she engages in subsistence farming to cater for the daily needs of the children.
11. The issue I frame for this court's decision is whether this court should allow the OS by authorizing the sale of the land in question for the benefit of the children.
12. When the OS was filed, albeit unopposed, the court found that the applicant did not disclose whether selling the proposed land would render the children and herself destitute, thereby negating the children's best interests.
13. In the further affidavit, it has been disclosed that there is an alternative land where the applicant lives with her children.
14. Consequently, I find no difficulty in issuing the orders as requested in the OS, which I hereby grant as prayed.
Dated, signed, and delivered virtually in Nyeri on this 29th day of January 2026, in the absence of parties who were aware of the delivery date.
E. K. MAKORI
JUDGE