' 1. This is a non-contentious succession proceedings. The applicants are the administrators of the estate of the late James Kihato Matu. The grant that was issued to the applicants was rectified on 10th March 2025. The court directed that the devolution of the estate to the beneficiaries be concluded. The Court fixed the matter for mention on 3rd December 2025 for the court to receive the report confirming that the estate had been fully administered.
2. The applicants state that they need to establish the boundary of a property forming part of the estate of the deceased person. Their efforts to do so have, however, not been successful as the property in question abuts the Thika Prison and the officer in charge of the said facility has denied them ingress thereto for that purpose. They have been advised to seek a court order.
3. The administrators have therefore filed the application dated 29th September 2025. I have perused the said application, the annexed affidavit as well as the documents in support thereof. In my view, the application has merit. Consequently, the same is allowed.
4. I therefore issue an order directing the Officer in Charge/Commandant of the Kenya Prison Service, Thika, to grant access and cooperation to the Applicants and their duly appointed surveyors, for purposes of surveying, beaconing, and transfer of Land Parcel Plot No. 4953/1620 Thika, forming part of the estate of the late Captain James Kihato Matu, as per the confirmed grant.
5. It is so ordered.
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2. The applicants state that they need to establish the boundary of a property forming part of the estate of the deceased person. Their efforts to do so have, however, not been successful as the property in question abuts the Thika Prison and the officer in charge of the said facility has denied them ingress thereto for that purpose. They have been advised to seek a court order.
3. The administrators have therefore filed the application dated 29th September 2025. I have perused the said application, the annexed affidavit as well as the documents in support thereof. In my view, the application has merit. Consequently, the same is allowed.
4. I therefore issue an order directing the Officer in Charge/Commandant of the Kenya Prison Service, Thika, to grant access and cooperation to the Applicants and their duly appointed surveyors, for purposes of surveying, beaconing, and transfer of Land Parcel Plot No. 4953/1620 Thika, forming part of the estate of the late Captain James Kihato Matu, as per the confirmed grant.
5. It is so ordered.
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