REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
SUCCESSION CAUSE NO E011 OF 2025
IN THE MATTER OF THE ESTATE OF KAREITHI NYAGA NGURE alias KARIITHI NYAGA (DECEASED)
RULING
1. I note that the Petitioner’s counsel uploaded an order dated 21 st July 2025 in Citation No E002 of 2025 without annexing it to an affidavit. This was irregular and the court cannot accept it as it is. Even so, this court has noted that James Nyaga Kariithi was duly served with the Summons for Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 as was evidenced in the Affidavit of Service of Linda Cheptoo Kemei that was sworn and filed on 4 th May 2026.
2. Even without proof of the aforesaid order, I am persuaded that the said James Nyaga Kariithi duly had notice of the Summons of Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 which the Petitioner had a right to file with or without him giving her permission to do so.
3. He has not filed an Affidavit of Protest of the proposed mode of distribution of the deceased’s assets. As he cannot continue holding the other beneficiaries of the deceased’s estate and the court hostage, this court has proceeded to consider the Summons for Confirmation of Grant and Notice of Withdrawal of Summons for Confirmation of Grant both dated 27 th April 2026 and filed on 4 th May 2026.
DISPOSITION
4. Having heard the Petitioner, her counsel and the beneficiaries of the deceased’s estate and having considered the enclosures in the Summons of Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026, I hereby direct as follows:-
1. Notice of Withdrawal of Summons for Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 be and is hereby endorsed and adopted as an order of this court.
2. Prayer No (1) of the Summons for Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 be and is hereby allowed.
3. There will be no order as to costs as this is an Ex parte application.
4. For the avoidance of doubt, the Certificate of Confirmation will only be issued upon the Petitioner filing a Further Affidavit annexing a copy of the order of 21 st July 2025 and a consent for Confirmation of Grant by 13 th July 2026 after which the file will be placed before me in Chambers.
5. Orders accordingly.
DATED and DELIVERED at NANYUKI this 6 th day of May 2026
J. KAMAU
JUDGE
HCFP&A NO E011 OF 20252
IN THE HIGH COURT OF KENYA AT NANYUKI
SUCCESSION CAUSE NO E011 OF 2025
IN THE MATTER OF THE ESTATE OF KAREITHI NYAGA NGURE alias KARIITHI NYAGA (DECEASED)
RULING
1. I note that the Petitioner’s counsel uploaded an order dated 21 st July 2025 in Citation No E002 of 2025 without annexing it to an affidavit. This was irregular and the court cannot accept it as it is. Even so, this court has noted that James Nyaga Kariithi was duly served with the Summons for Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 as was evidenced in the Affidavit of Service of Linda Cheptoo Kemei that was sworn and filed on 4 th May 2026.
2. Even without proof of the aforesaid order, I am persuaded that the said James Nyaga Kariithi duly had notice of the Summons of Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 which the Petitioner had a right to file with or without him giving her permission to do so.
3. He has not filed an Affidavit of Protest of the proposed mode of distribution of the deceased’s assets. As he cannot continue holding the other beneficiaries of the deceased’s estate and the court hostage, this court has proceeded to consider the Summons for Confirmation of Grant and Notice of Withdrawal of Summons for Confirmation of Grant both dated 27 th April 2026 and filed on 4 th May 2026.
DISPOSITION
4. Having heard the Petitioner, her counsel and the beneficiaries of the deceased’s estate and having considered the enclosures in the Summons of Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026, I hereby direct as follows:-
1. Notice of Withdrawal of Summons for Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 be and is hereby endorsed and adopted as an order of this court.
2. Prayer No (1) of the Summons for Confirmation of Grant dated 27 th April 2026 and filed on 4 th May 2026 be and is hereby allowed.
3. There will be no order as to costs as this is an Ex parte application.
4. For the avoidance of doubt, the Certificate of Confirmation will only be issued upon the Petitioner filing a Further Affidavit annexing a copy of the order of 21 st July 2025 and a consent for Confirmation of Grant by 13 th July 2026 after which the file will be placed before me in Chambers.
5. Orders accordingly.
DATED and DELIVERED at NANYUKI this 6 th day of May 2026
J. KAMAU
JUDGE
HCFP&A NO E011 OF 20252