1. There are 2 applications, both dated 5th September 2025, one seeking to arrest the ruling in respect of the Objector/Respondent’s application to revoke the limited grant, and the other to have Land Reference No. 72/III/MN preserved.
2. I am not persuaded that there are good reasons to arrest the ruling of the Court. The Petitioner/Applicant, in essence, appears to be conceding that the marriage between the deceased and Julius Gona Katana was, in fact, contracted under the relevant law governing the celebration of civil marriages. His objection appears to be that certain processes required under the Marriage Act were not done. Those, in my view, are grounds to seek to annul the marriage or to seek declaratory relief. Unfortunately, that is not the matter before me. As far as I am concerned, the marriage certificate indicates that Julius Gona Katana was married to Ursula Christine Marie Schroter. Allowing the said application is not in the interest of justice.
3. Regarding the second application, it has been indicated that the Environment and Land Court issued orders on 31st July 2025, preventing Jonathan Kilumu Nzai from interfering with the suit property. That being the case, I do not think that issuing orders sought in the said application serves the interests of justice. The Environment and Land Court is seized of the matter and can issue any necessary orders. This Court is apprehensive that, if it issues any orders, the possibility that they may conflict with those of the Court with coordinate jurisdiction is clear and present. Were that to happen, the administration of justice would be embarrassed.
4. The upshot of the foregoing is that I decline to issue the orders sought. The two applications dated 5th September 2025 are dismissed with no orders as to costs.
5. Since there is no impediment to the delivery of the pending ruling, the same will now be delivered on 6th July 2026.
6. As this is a succession matter, the parties will bear their own costs of the application.
7. It is so ordered.
Dated and signed in Nairobi, this 22nd day of May 2026.
2. I am not persuaded that there are good reasons to arrest the ruling of the Court. The Petitioner/Applicant, in essence, appears to be conceding that the marriage between the deceased and Julius Gona Katana was, in fact, contracted under the relevant law governing the celebration of civil marriages. His objection appears to be that certain processes required under the Marriage Act were not done. Those, in my view, are grounds to seek to annul the marriage or to seek declaratory relief. Unfortunately, that is not the matter before me. As far as I am concerned, the marriage certificate indicates that Julius Gona Katana was married to Ursula Christine Marie Schroter. Allowing the said application is not in the interest of justice.
3. Regarding the second application, it has been indicated that the Environment and Land Court issued orders on 31st July 2025, preventing Jonathan Kilumu Nzai from interfering with the suit property. That being the case, I do not think that issuing orders sought in the said application serves the interests of justice. The Environment and Land Court is seized of the matter and can issue any necessary orders. This Court is apprehensive that, if it issues any orders, the possibility that they may conflict with those of the Court with coordinate jurisdiction is clear and present. Were that to happen, the administration of justice would be embarrassed.
4. The upshot of the foregoing is that I decline to issue the orders sought. The two applications dated 5th September 2025 are dismissed with no orders as to costs.
5. Since there is no impediment to the delivery of the pending ruling, the same will now be delivered on 6th July 2026.
6. As this is a succession matter, the parties will bear their own costs of the application.
7. It is so ordered.
Dated and signed in Nairobi, this 22nd day of May 2026.