1. The Motion application filed on July 17, 2025, primarily requests that a sum of Kshs. 52,000,000/- held by the 2nd defendant/applicant be deposited in court for distribution to the beneficiaries of the estate of the plaintiff (now deceased).
2. The main reason, as disclosed in the affidavit sworn by Isaac Mitei, the group company secretary of the second defendant/applicant, is that it has become aware of a pending succession suit before the Kadhis Court in succession cause No. E013/2025, where the funds in question are being discussed.
3. Additionally, there are other claims from third parties regarding the same money, which the court must decide.
4. In the replying affidavit, learned counsel for the plaintiffs/respondents, Hon. Khatib, in his affidavit deposed on July 25, 2025, contends that he has been handling the matter for the plaintiff since 2010. The plaintiff's sisters claim that the estate is under the administration of the plaintiff's father, yet this court and the Court of Appeal have long settled the issue of ownership of the property in question.
5. That there was a consent filed settling the matter, and all monies ought to be released to the firm of Khatib and Company advocates for the distribution to the beneficiaries of the estate of the deceased.
6. Before I could address this ruling, a letter was sent to the Deputy Registrar of this court, dated September 26, 2025, informing him that a consent had been reached in the Kadhis court for the money to be released to the firm of Khatib and Company Advocates once again, in settlement of the issues raised here and in the Kadhis court.
7. I will reckon that the 2nd defendant/applicants are holding the money for the benefit of the estate of the deceased, an issue that has now been settled here and in the Kadhis court.
8. Consequently, I would have permitted the monies to be deposited with the court. However, these funds will remain unutilized, as both the court here and the Kadhis court have already established procedures for their management in the interests of the beneficiaries.
9. Consequently, the application dated July 17, 2025, will be permitted on the condition that the funds are wired to the firm of Khatib and Company Advocates and handled in accordance with the terms of the consent agreed upon by the parties during negotiations and as recorded in the consent orders dated 18 September 2025.
10. There will be no order regarding costs.
Dated, signed, and delivered electronically in Malindi on December 10, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Ms. Mohammed for the 1st Plaintiff
Ms. Jillo for the 2nd Defendant
Happy: Court Assistant
2. The main reason, as disclosed in the affidavit sworn by Isaac Mitei, the group company secretary of the second defendant/applicant, is that it has become aware of a pending succession suit before the Kadhis Court in succession cause No. E013/2025, where the funds in question are being discussed.
3. Additionally, there are other claims from third parties regarding the same money, which the court must decide.
4. In the replying affidavit, learned counsel for the plaintiffs/respondents, Hon. Khatib, in his affidavit deposed on July 25, 2025, contends that he has been handling the matter for the plaintiff since 2010. The plaintiff's sisters claim that the estate is under the administration of the plaintiff's father, yet this court and the Court of Appeal have long settled the issue of ownership of the property in question.
5. That there was a consent filed settling the matter, and all monies ought to be released to the firm of Khatib and Company advocates for the distribution to the beneficiaries of the estate of the deceased.
6. Before I could address this ruling, a letter was sent to the Deputy Registrar of this court, dated September 26, 2025, informing him that a consent had been reached in the Kadhis court for the money to be released to the firm of Khatib and Company Advocates once again, in settlement of the issues raised here and in the Kadhis court.
7. I will reckon that the 2nd defendant/applicants are holding the money for the benefit of the estate of the deceased, an issue that has now been settled here and in the Kadhis court.
8. Consequently, I would have permitted the monies to be deposited with the court. However, these funds will remain unutilized, as both the court here and the Kadhis court have already established procedures for their management in the interests of the beneficiaries.
9. Consequently, the application dated July 17, 2025, will be permitted on the condition that the funds are wired to the firm of Khatib and Company Advocates and handled in accordance with the terms of the consent agreed upon by the parties during negotiations and as recorded in the consent orders dated 18 September 2025.
10. There will be no order regarding costs.
Dated, signed, and delivered electronically in Malindi on December 10, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Ms. Mohammed for the 1st Plaintiff
Ms. Jillo for the 2nd Defendant
Happy: Court Assistant