1. Before the Court is an ex-parte Chamber Summons Application dated 4th June, 2026 filed by the Applicant, Sharon Ngonyere Sinzore. The Application is brought under Order 37 Rule 1(f) of the Civil Procedure Rules, 2010 and Section 3A of the Civil Procedure Act (Cap. 21, Laws of Kenya) seeking an order for approval of the sale of 0.10 Hectares out of land parcel No. KYENI/MUFU/6955 to one James Muchangi Kinyua.
2. The Application is supported by the Applicant's affidavit sworn on even date. The Applicant depones that she is the registered owner of land parcel No. KYENI/MUFU/6955 jointly with her minor children, the said land having been transmitted to her from her late husband's estate through Succession Cause No. E095 of 2024.
3. Prior to his demise, the Applicant's late husband had entered into a sale agreement for a portion of the suit property with one Jane Murugi Ireri. Following the husband's death, Jane Murugi Ireri filed a protest in the Succession Cause. On 25th November, 2025, the Applicant and Jane Murugi Ireri recorded a consent in the Succession Cause whereby the Applicant agreed to refund the sum of Kshs. 247,513/= to Jane Murugi Ireri, who had been in possession of the original title deed.
4. Being unable to raise the refund amount, the Applicant entered into a sale agreement with James Muchangi Kinyua for the sale of 0.10 Hectares of the suit property at a purchase price that yielded a deposit of Kshs. 300,000/=. Out of this deposit, the Applicant paid Kshs. 245,513/= to the Advocates of Jane Murugi Ireri to secure the release of the original title deed. The Applicant avers that she is a housewife with no steady income and intends to use the balance of the sale proceeds to meet educational, upkeep and food expenses for her minor children. She further depones that after the proposed sale, the remaining land parcel will measure approximately 0.21 Hectares, being the portion where she and the minor children reside.
5. The Court has carefully considered the Application and the supporting affidavit. The jurisdiction of this Court to entertain this Application is well-founded. Section 3A of the Civil Procedure Act confers upon the Court inherent power to make such orders as may be necessary for the ends of justice. Order 37 Rule 1(f) of the Civil Procedure Rules, 2010 specifically provides, in relevant part, that the Court may, on ex-parte application, make such interlocutory orders as it sees fit, including authorizing the sale or other disposition of property.
6. More importantly, the application engages the protective jurisdiction of the Court under Section 14(1) of the Children Act, 2022 (No. 29 of 2022) which provides that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. The Court is therefore duty-bound to satisfy itself that the proposed transaction does not prejudice the interests of the minor children who are co-registered owners of the suit property.
7. The constitutional dimension cannot be overlooked. Article 40(1) of the Constitution of Kenya, 2010 guarantees every person's right to acquire and own property, while Article 53(1)(d) guarantees every child the right to be protected from harmful or exploitative practices. The Court must balance these provisions in determining whether to grant the orders sought.
8. Turning to the merits, the Court observes the following:
i. The Applicant has demonstrated a legitimate and pressing financial need. The consent recorded in Succession Cause No. E095 of 2024 on 25th November, 2025 imposed a legally binding obligation on the Applicant to refund Kshs. 247,513/= to Jane Murugi Ireri. The Applicant, having no steady income as a housewife, found it necessary to sell a portion of the property to discharge this obligation and secure the release of the original title deed.
ii. The Court is satisfied that the transaction was not merely speculative or designed to dissipate the estate. The Applicant has already partially performed the consent decree through payment of Kshs. 245,513/= to Jane Murugi Ireri's Advocates from the sale deposit, thereby vindicating a pre-existing legal obligation.
iii. On the question of the minor children's interests, the Court is guided by the principle that land held jointly with minors cannot be alienated without the approval of the Court. This protective jurisdiction exists to guard against improvident disposals that may leave minors without shelter or inheritance. In the present case, the Applicant has sworn that: (a) the portion to be sold is 0.10 Hectares; (b) the remaining portion will be 0.21 Hectares; and (c) the family resides on the remaining portion. The ratio of land to be sold to land retained is approximately 1:2 in favour of retention. The Court is satisfied that the residual holding is sufficient to protect the children's proprietary and residential interests.
iv. The proceeds of the sale are intended for the welfare of the minor children, namely their education, upkeep and sustenance. These purposes squarely serve the children's best interests as contemplated under Section 14(1) of the Children Act, 2022.
v. The Court notes that the total land parcel is 0.31 Hectares (0.10 Ha to be sold and 0.21 Ha to be retained). The Applicant ought to ensure that the requisite consents and approvals from the relevant Land Control Board are obtained in accordance with Section 6 of the Land Control Act (Cap. 302, Laws of Kenya) and that the subdivision and registration processes are conducted in compliance with the provisions of the Land Registration Act, 2012 and the relevant National Land Commission guidelines.
9. Having considered the Application, the supporting affidavit and the annexures thereto, and being satisfied that the interests of the minor children are adequately protected, and that the sale is necessary and beneficial for the family's welfare, the Court finds merit in the Application and proceeds to make the following Orders:
ORDERS:
i. The Application for approval of the sale of 0.10 Hectares out of land parcel No. KYENI/MUFU/6955 to James Muchangi Kinyua is hereby ALLOWED.
ii. The Applicant is granted leave to sell 0.10 Hectares out of land parcel No. KYENI/MUFU/6955, being the agreed portion, to James Muchangi Kinyua on the terms set out in the Sale Agreement annexed hereto as "SNS-6".
iii. The Applicant shall, prior to completion of the sale and subdivision, obtain the requisite consent of the relevant Land Control Board in compliance with the Land Control Act (Cap. 302, Laws of Kenya).
iv. The net proceeds of the sale shall be utilized strictly for the benefit of the minor children, including but not limited to their education, upkeep and sustenance, and for the discharge of the financial obligations arising from the consent recorded in Succession Cause No. E095 of 2024 on 25th November, 2025.
v. The Applicant shall file a report with this Court within thirty (30) days of completion of the sale, confirming compliance with these Orders, the receipt of the full purchase price, and the intended application of the sale proceeds for the benefit of the minor children.
vi. The remaining land parcel of approximately 0.21 Hectares shall be retained by the Applicant jointly with the minor children and shall not be alienated, charged, or encumbered without further leave of this Court.
vii. There shall be no order as to costs, this being an ex-parte matter.
10. Orders accordingly.
Dated, signed and delivered at Embu this 09th day of June, 2026.
HON. E.C CHERONO
ELC JUDGE, EMBU
In the presence of;
1. Ex-parte Applicant N/A
2. Ruth C/A.
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