https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8112
The court found that the dispute could not be properly resolved on the existing record and affidavit material because the critical issues were factual and required interrogation through oral evidence; it therefore held judgment in abeyance and directed the matter to proceed by viva voce evidence.
Source-derived case information.
- Citation
- [2026] KEHC 8112 (KLR)
- Parties
- 1st Protestor: STEPHEN BWIKO WANJIRU; 2nd Protestor: EUNICE KWONA WANJIRI; 1st Respondent: MERCY WANJIRU KARANJA; 2nd Respondent: ROBERT WOKABI KARANJA; 3rd Respondent: MARION WANGUI KARANJA; 4th Respondent: VIRGINIA WANJIRU KARANJA
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3339 of 2022
- Procedural Posture
- Succession Cause / Protest Proceedings / Directions on Mode of Hearing; Judgment Held in Abeyance
- Outcome
- Judgment held in abeyance; matter to proceed by oral evidence
- Judges
- ["HK Chemitei"]
- Legal Topics
- Protest in Succession Proceedings, Oral Evidence Versus Affidavit Evidence, Determination of Marriage to Deceased, Inter Vivos Transfer of Land, Beneficial Entitlement in Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
STEPHEN BWIKO WANJIRU
1st Protestor
EUNICE KWONA WANJIRI
2nd Protestor
MERCY WANJIRU KARANJA
1st Respondent
ROBERT WOKABI KARANJA
2nd Respondent
MARION WANGUI KARANJA
3rd Respondent
VIRGINIA WANJIRU KARANJA
4th Respondent
Procedural Posture
Succession Cause / Protest Proceedings / Directions on Mode of Hearing; Judgment Held in Abeyance
Legal Issues
- 1 Whether the objection/protest should be determined on affidavit evidence or by viva voce evidence
- 2 Whether the deceased was married to the late Jacinta Wanjiru Zakaria, mother of the protestors
- 3 Whether land parcel Dagoretti/Riruta/1332 was bequeathed inter vivos
Ratio Decidendi
The court found that the dispute could not be properly resolved on the existing record and affidavit material because the critical issues were factual and required interrogation through oral evidence; it therefore held judgment in abeyance and directed the matter to proceed by viva voce evidence.
Court Disposition
Judgment held in abeyance; matter to proceed by oral evidence
Orders
- This matter shall be determined by way of oral evidence.
- Each party shall, within 21 days, file and serve the other with witness statements or affidavits if necessary.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **SUCCESSION CAUSE NO. E3339 OF 2022** **IN THE MATTER OF THE ESTATE OF THE LATE WILLIAM KARANJA HIRAM WOKABI (DECEASED)** **STEPHEN BWIKO WANJIRU ……….……………….. 1ST PROTESTOR** **EUNICE KWONA WANJIRI …………………………. 2ND PROTESTOR** **VERSES** **MERCY WANJIRU KARANJA** **……………………… 1ST RESPONDENT** **ROBERT WOKABI KARANJA ……………………... 2ND RESPONDENT** **MARION WANGUI KARANJA …………………….. 3RD RESPONDENT** **VIRGINIA WANJIRU KARANJA …………………. 4TH RESPONDENT** **DIRECTIONS** 1. The court has had occasion to peruse the entire record herein together with the pleadings and in particular the objection proceedings herein. 2. It is of the considered opinion that for the real issues to be canvassed and brought out it is necessary that this matter be heard by way of *viva voce* evidence. This is for the reasons that there is need to interrogate whether the deceased was married to the late Jacinta Wanjiru Zakaria who was the mother to the Protestors. 3. Secondly there is need to inquire the extent to which the deceased entrusted land parcel number Dagoretti/Riruta/1332; whether he bequeathed it *inter vivos* or not and more significantly the extent of the Objector’s entitlement in this estate. 4. **Consequently, the judgement is hereby held in abeyance and I direct that:** **(a) This matter be determined by way of oral evidence.** **(b) The parties are granted 21 days each to file and serve each other with witnesses’ statements or affidavits if need be.** **Dated signed and delivered at Nairobi via video link this 11th day of June 2026.** **H K CHEMITEI** **JUDGE, FCIArb.**