https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8573

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **FAMILY DIVISION** **MILIMANI LAW COURTS** **SUCCESSION CAUSE NO.2245 OF 2021** **IN THE MATTER OF THE ESTATE OF JULIA WACHERA MAGONDU – DECEASED** **ESTHER NJOKI MAGONDU …….…. ADMINISTRATOR/APPLICANT** **VERSUS** **CHARLES MWANGI MAGONDU ……. PROTESTOR/RESPONDENT** **RULING** 1. Julia Wachera Magobdu died on 18th May, 2012 and Esther Njoki Magondu was appointed her personal representative and administrator of her estate via the Grant issued on 21st November, 2022. The Grant is pending confirmation. 2. What is presently before Court is an application dated 19th May, 2025 by the Administrator. The Respondent, Charles Mwangi Magondu is a son of the deceased and a beneficiary to the estate. 3. The application seeks the following orders; 4. ***This honourable court do issue an order of restraining the Respondent either by himself, his agents, servants or personal representatives from intermeddling with the estate and/or leasing, renting, transacting, charging, selling, alienating and/or in any other way whatsoever interfering with or otherwise dealing with the properties comprising the Title No.76/961 (House B5/House No.18) herein after referred to as “The House”;*** 5. ***This honourable court be please to issue an order that the Respondent to grant access to the Administrators and all the beneficiaries to the House;*** 6. ***That the OCS at Buruburu Police Station be ordered to ensure that the Respondent complies and keeps the peace during the said exercise;*** 7. ***The cost of this application be in the cause.*** 8. The Respondent opposed the application and filed a replying affidavit sworn on 11th July, 2025. 9. Both parties filed submissions which I have duly considered. 10. The summary of the issues raised by the Administrator/Applicant is that the Respondent has forcibly taken possession of property Title No. 76/961 which in her application she has indicated as House B5/House No. 18, hereinafter referred to as ‘the house’, which belongs to the estate of the deceased herein, and has denied the other beneficiaries access to the house, which she asserts belongs to their late mother. 11. The Respondent, however, claims that the house referenced by the Applicant is not part of the estate of their late mother Julia. Instead, he states it is part of their father Johnson Mwangi Magondu’s estate. He maintains that he resides in House B5/Plot No. 18 with title number Nairobi/Block 76/962, which belongs to Johnson’s estate. He asserts that House B6/Plot 19 with title number Nairobi/Block 76/961, is the property that is part of Julia’s estate. 12. The Applicant and the Respondent are the joint administrators of their father Johnson’s estate in High Court **Nairobi P&A 1081 of 2015**. The beneficiaries are engaged in a contested succession process for their late father and, in the present case, for their late mother. 13. The application for confirmation of Grant has been filed in this case, and similarly, there are affidavits of protest that have been filed. The protests’ hearing has not yet commenced. 14. The core dispute in the application dated 19th May, 2025 and the replying affidavit dated 11th July, 2025 concerns the identity of the house and whether that property forms part of the estate of Julia Wachera Magondu. This dispute and the issue of the distribution of this and other assets are also among the issues raised in the protests against the confirmation of the Grant. That dispute cannot be properly resolved at this interlocutory stage, as it requires a more detailed examination of the facts as may be presented at the hearing. 15. The most appropriate and expeditious approach in this matter is to have the summons for Confirmation of the Grant and the protests heard expeditiously. 16. The application dated 19th May 2025 is struck out. Each party to bear own costs of the application. 17. Orders accordingly. **DATED, DELIVERED** and **SIGNED** at **NAIROBI** through the Microsoft Teams Online Platform on this 8TH day of **JUNE, 2026.** **…………………..** **C. KENDAGOR** **JUDGE** **In the presence of:** Court Assistant: Beryl Ms. Awuori, Advocate holding brief for Ombati, Advocate for Protestor/Respondent Mr. Njoroge, Advocate for Administrator/Applicant