In re Estate of Joseph Maina Naliamae (Deceased) [2025] KEHC 9849 (KLR)

In re Estate of Joseph Maina Naliamae (Deceased) (Succession Cause 4 of 2008) [2025] KEHC 9849 (KLR) (8 July 2025) (Ruling)

Neutral citation: [2025] KEHC 9849 (KLR)

Republic of Kenya

In the High Court at Bungoma

Succession Cause 4 of 2008

MS Shariff, J

July 8, 2025

THE MATTER OF THE ESTATE OF JOSEPH MAINA NALIAMAE - DECEASED.

In the matter of

Oscar Kiberenge Nalimae

1st Petitioner

Irene Naliaka Nalimae

2nd Petitioner

Scholastica Chemari Wambete

3rd Petitioner

Ruling

1. Whereas on 18. 2.2025, Mr Were Counsel for the 1st Petitioner sought for an adjournment on grounds that this witness was in college, the same reason had been advanced today to crave for yet another adjournment of this cause.

2. Mr Paul Juma has submitted that the 1st Petitioner’s witness who is said to be a college student must be a person who is techno-savvy and could have joined the court virtually.

3. I have considered the application by Mr Were and the response by Mr Paul Juma, and I have also considered the fact that this is a fairly old matter which has lasted over 17 years in court and hence the need to have it concluded expeditiously and I do note that no reasons have been advanced as to why this witness one Erick Nyongesa Nalimae has not joined the virtual court platform. I am thus not persuaded by the reasons for an adjournment and I decline to adjourn this cause today.

4. I do order that the matter do proceed as scheduled.

DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 8TH DAY OF JULY 2025. M.S. SHARIFFJUDGE