In re Estate of Njenga (Deceased) (Succession Cause E080 of 2024) [2026] KEHC 4408 (KLR) (1 April 2026) (Ruling)

In re Estate of Njenga (Deceased) (Succession Cause E080 of 2024) [2026] KEHC 4408 (KLR) (1 April 2026) (Ruling)

The omission of advocate fees from the operative orders was a clerical error correctable under the slip rule. The finding that parties agreed on asset distribution was an error apparent on the face of the record and is set aside. Juja/Kiaura Block 14/568 and 569 are separate properties. Eldoret Municipality/Block 15 (Huruma)/221 remains part of the estate as per the mediation agreement. Administrators must deposit all rental income into the joint account. The 3rd Respondent is restrained from intermeddling with estate property.

Citation
[2026] KEHC 4408 (KLR)
Parties
1st Administratrix: Esther Nyambura Ndichu; 2nd Administratrix: Agnes Ngoiri Ndishu; 1st Objector: Nahashon Njenga Ndishu; 2nd Objector: Michael Chege Ndishu
Court
High Court
Jurisdiction
Kenya
Judgment Date
1 April 2026
Case Number
Succession Cause E080 of 2024
Procedural Posture
Succession Cause / Ruling on Application for Review of Ruling/orders
Outcome
Application for review allowed in part; certain findings set aside or corrected; other reliefs denied; parties to file proposals for distribution; each party to bear own costs.
Legal Topics
Review of Court Orders, Slip Rule, Mediation Settlement, Distribution of Estate, Intermeddling With Estate Property
Source Language
English
Succession Law Civil Procedure Review of Court Orders Slip Rule Mediation Settlement Distribution of Estate Intermeddling With Estate Property

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Parties

Esther Nyambura Ndichu

1st Administratrix

Agnes Ngoiri Ndishu

2nd Administratrix

Nahashon Njenga Ndishu

1st Objector

Michael Chege Ndishu

2nd Objector

Procedural Posture

Succession Cause / Ruling on Application for Review of Ruling/orders

Legal Issues

  1. 1 Whether the omission of advocate fees from the operative orders can be corrected under the slip rule
  2. 2 Whether the finding that parties agreed on asset distribution was an error apparent on the face of the record
  3. 3 Whether Juja/Kiaura Block 14/568 and 569 are separate properties for distribution

Ratio Decidendi

The omission of advocate fees from the operative orders was a clerical error correctable under the slip rule. The finding that parties agreed on asset distribution was an error apparent on the face of the record and is set aside. Juja/Kiaura Block 14/568 and 569 are separate properties. Eldoret Municipality/Block 15 (Huruma)/221 remains part of the estate as per the mediation agreement. Administrators must deposit all rental income into the joint account. The 3rd Respondent is restrained from intermeddling with estate property.

Court Disposition

Application for review allowed in part; certain findings set aside or corrected; other reliefs denied; parties to file proposals for distribution; each party to bear own costs.

Orders

  • Finding that parties agreed on distribution in Table 5.1 set aside; assets remain undistributed pending proposals.
  • Ruling reviewed to include payment of advocates fees from estate.