In re Estate of the Late Macharia Kagio (Deceased) [2025] KEHC 18411 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. E550 OF 2023 (AS CONSOLIDATED WITH NO. E3183 OF 2022) IN THE MATTER OF THE ESTATE OF THE LATE MACHARIA KAGIO (DECEASED) CATHERINE NJERI MACHARIA ………………………….. APPLICANT VERSES EDWARD MWANGI MACHARIA ………………….. 1ST RESPONDENT JAMES IRUNGU MACHARIA ……………………… 2ND RESPONDENT DIRECTIONS 1. The late Macharia Kagio passed on 23rd May 2022 leaving behind a written Will dated 1st June 2021. 2. The Respondent who are Executors of the said Will were granted temporary letters of administration by this court. 3. The Applicant who are the sisters to the Respondents filed various applications seeking orders that the same be revoked. SUCCESSION CAUSE NO. E550 OF 2023 AS CONSOLDIATED WITH SUCC E3183 OF 2022 DIRECTIONS Page 1 of 3 po/hkc 4. There are also some applications by some beneficiaries claiming purchasers’ interest in the estate. 5. Before these court are the following applications, dated 28/3/23, 15/6/23, 5/9/23, 15/2/24, 28/4/24, 1/10/24, 31/10/24, 24/3/25, 15/5/25, 24/5/25, 18/6/25, 28/7/25 and I suspect more could be on the way. 6. I have perused the 12 applications and, in my view, it does not make any sense to write twelve rulings. It is appreciated that there is a Will made by the deceased and I do not see any reasons why the parties should not gravitate around the said Will. 7. The major protagonist herein are the deceased children and I think the best approach is to determine the validity of the Will or otherwise. 8. This court on 26.5.2023 issued status quo orders and I do not see the same having been set aside. The status quo was to operate from the said date. 9. Consequently, I direct that:- (a) The pending applications are deemed objections to the Will and the Applicant’s granted thirty days from the date herein to file and serve any further affidavits and or witness statements. SUCCESSION CAUSE NO. E550 OF 2023 AS CONSOLDIATED WITH SUCC E3183 OF 2022 DIRECTIONS Page 2 of 3 po/hkc (b) The Respondents upon service shall within 30 days thereafter file any responses and or witness statements. (c) The status quo orders dated 26/5/2023 are hereby extended pending the determination of the objection proceedings herein. (d) The objection shall be heard by way of viva voce evidence. (e) No other application shall be filed without the leave of the court. Dated signed and delivered via video link this 16th day of December 2025. H K CHEMITEI JUDGE SUCCESSION CAUSE NO. E550 OF 2023 AS CONSOLDIATED WITH SUCC E3183 OF 2022 DIRECTIONS Page 3 of 3 po/hkc