https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7676

In re Estate of Thomas Mutitu Gachuhi (Deceased) (Succession Cause 769 of 2015) [2026] KEHC 7676 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEHC 7676 (KLR) Republic of Kenya In the High Court at Murang'a Succession Cause 769 of 2015 TW Ouya, J June 4, 2026 Between Margaret Njeri Nyoike Petitioner and Joyce Njeri Gachuhi Objector Ruling 1.Before the court is an application dated 20th August 2025 by the Objector/Applicant seeking for an order for removal of “Restriction” which was registered against LR Title No. Loc.1/Mugomoini/961 hereinafter referred to as the subject property. The Applicant prayed for orders that:i.This Hon. Court be pleased to order that restriction that was registered on 7th January, 2021 restricting any dealing on L.R. Title No. LOC.1/Mugomoini/961 be removed by the Land Registrar Murang’a.ii.The costs of this application be provided and be born by the Petitioner/Respondent in this matter. 2.The Application is grounded on the Affidavit of Joyce Njeri Gachuhi of even date sworn in support hereof and particularly more so on the grounds that:i.The restriction had been placed on the land to protect any dealings before the conclusion of this Succession Cause, that has now been fully finalized vide the Ruling and/or order dated 3/10/2023 (The Hon. Mr. Justice J. Wakiaga) who confirmed the grant on how the land.ii.There are no any orders staying the distribution of the land as ordered by the court on the said 3/10/2023 but the land cannot be distributed when the said restriction is still in force hence the orders being sought herein.iii.This Hon. Court has the inherent jurisdiction and the judicial discretion to grant the orders sought. 3.A certificate of Search dated 22nd July 2025 is annexed as evidence of the existing restriction. 4.The Petitioner/Respondent although duly served and represented by Counsel entered appearance but did not file any response to the Application. 5.The background to this Application is that the Court vide Ruling dated 3rd October 2023 confirmed the grant of letters of administration on LR Title No. Loc.1/Mugomoini/961 and issued an Order of Distribution thereto. That prior to these orders being granted and while the matter was pending before the court, a restriction was registered on 7th January 2021 as evidenced by the attacked official search dated 22nd July 2025 on the subject land. 6.I have carefully considered the Application before the court taking into account its nature, background and the fact that it is not opposed. I have also carefully perused the Ruling and Order of Distribution issued by Wakiaga J on 3rd October 2023. 7.taken into account the lengthy period that the dispute and various applications in court stretch from the year 2008. The instant application was filed on 20th August 2025. 8.The matter having been resolved vide a court ruling and an Order of Distribution granted, it now necessary to remove the Restriction so that the distribution of the land can be effected in accordance with the court orders dated 3rd October 2023. It is upon this background that the Applicant has made this Application. 9.It is notable that this Application is not opposed neither is there any response thereto. This court takes judicial notice of the Ruling by Wakiaga J dated 3rd October 2023 determining that all the disputed issues were amicably resolved by the parties and proceeded to grant the orders in favor of the Applicant. Subsequently and attendant thereto, the court granted Order of Distribution on even date to the effect that:1.The grant issued be and is hereby confirmed and the subject property herein (L.R. Loc 1/Mugomoini/961) be distributed as follows:i.Margaret Njeri Nyoike – 1 Acre for herself and in trust for her two daughters with the deceased namely Anne Njoki Kinyanjui and Naomi Wanjiru Wanton.ii.Joyce Njeri Gachi 1 ½ Acres Absolutely. 2.Each party shall bear their own costs. 10.Based on the above, I make the finding that the ‘Restriction’ dated 7th January 2021 that was ordered on the subject parcel of land was based on a dispute which has since been resolved the court vide Ruling and Order of Distribution both dated 3rd October 2023. I also find that it is necessary for the restriction to be removed as its purpose has been overtaken by events and that the Applicant should not be hindered in any way from transferring the subject property into her name in accordance with the court order. 11.Resultantly, it is hereby ordered that the Restriction dated 7th January 2021 that was registered on LR Title No. Loc.1/Mugomoini/961 is hereby removed. The Land Registrar Murang’a is hereby directed to act accordingly. 12.No Orders as to costs. DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 4TH DAY OF JUNE, 2026.HON. T. W. OUYA, OGWJUDGEIn the presence of:Wambugu Kariuki for Objector/ApplicantNo appearance for RespondentHamza/Kevin – Court Assistant