In re Estate of Frasiah Muthoni Njenga (Deceased) [2025] KEHC 4666 (KLR)

In re Estate of Frasiah Muthoni Njenga (Deceased) (Family Miscellaneous Application E094 of 2024) [2025] KEHC 4666 (KLR) (27 March 2025) (Ruling)

Neutral citation: [2025] KEHC 4666 (KLR)

Republic of Kenya

In the High Court at Kiambu

Family Miscellaneous Application E094 of 2024

DO Chepkwony, J

March 27, 2025

IN THE MATTER OF THE ESTATE OF FRASIAH MUTHONI NJENGA – (DECEASED)

In the matter of

Mark Njenga Njoroge

1st Applicant

Fiddy Njambi Njenga

2nd Applicant

Ruling

1. This matter is scheduled for inter-parties hearing of the Notice of Motion application dated 10th March, 2025. However, the Respondent has not filed any response or attended court despite having been served with the application, order/directions and hearing Notice on 20th March, 2025 as evidenced by the Affidavit of Service dated 22nd March, 2025.

2. In the said Notice of Motion application, the Applicant has sought for orders that:-a.This Honourable Court issues an order staying the proceedings in Kiambu MCSUCC. No.E094 of 2024, Estate of Frasiah Muthoni Njenga, (Deceased) pending the hearing and determination of the instant application.b.This Honourable Court be pleased to order withdrawal of the said suit from the court, transfer and subsequent disposal of Kiambu MCSUCC.No.E094 of 2024, Estate of Frasiah Muthoni Njenga (Deceased) to Kikuyu Law Courts.

3. The application is based on the grounds set out on its face and the Supporting Affidavit sworn by Martin Njenga, counsel for the Applicant. The gist of the application is that Kiambu Magistrate’s Court does not have territorial jurisdiction in the matter as the Deceased was a resident of Thogoto Location within Kikuyu Constituency. And as required by Section 49 of the Law of Succession Act, the last known place of residence as confirmed by the Chief’s letter dated 15th December, 2025 It is further stated that the cause of justice will be better served by having the matter heard and determined in a court seized with jurisdiction to determine all issues and questions related to this matter.

4. The application stands unchallenged.

5. In the circumstances, the Notice of Motion application dated 10th March, 2025 is allowed as prayed in the following terms:-a.That the proceedings in Kiambu MCSUCC. No.E094 of 2024, Estate of Frasiah Muthoni Njenga (Deceased) be and are hereby stayed pending the hearing and determination of the instant application.b.That the said suit, Kiambu MCSUCC. No.E094, Estate of Frasiah Muthoni Njenga (Deceased) be and is hereby withdrawn and transferred and its subsequent disposal to Kikuyu Law Courts.c.Costs of the application be in the cause.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:-Mr. Njau Maina holding for Mr. Mbugua Njenga counsel for ApplicantNo appearance for and by the RespondentCourt Assistant - Martin