https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6391

In re Estate of Mitau (Deceased) (Succession Cause 4 of 2016) [2026] KEHC 6391 (KLR) (5 May 2026) (Ruling) Neutral citation: [2026] KEHC 6391 (KLR) Republic of Kenya In the High Court at Kitui Succession Cause 4 of 2016 LW Gitari, J May 5, 2026 IN THE MATTER OF THE ESTATE OF PAUL MBUVI MITAU (DECEASED) Between Nancy Mwende Mbuvi 1st Petitioner Isaac Mueme Mbuvi 2nd Petitioner and Mwewa Mbuvi 1st Respondent Joel Vundi Mbuvi 2nd Respondent Ruling 1.The ruling relates to an application 13th November 2024 which was filed under a certificate of urgency and was seeking an order for review of the judgment of this court which was delivered on 25th January 2024. 2.The application was based on various grounds on the face of the application and was supported by the affidavit of Philles Serah Pius. The application was opposed by Joel Vundi Mbuvie and Mwendwa Mbuvi The protestors who filed their affidavits. The Court directed at all the other parties in the succession cause be served. The parties were served as directed by the court and they appeared in court. The court gave directions that way application be converted by way of written submissions. The parties were also ordered to file their respective replying Affidavits if they wish to oppose the application. However, only the two protesters mentioned above filed their replying Affidavits. The counsel for the applicants was given several opportunities to file and serve his submissions the application to enable the respondents to file their submissions in reply to those of the applicant. The counsel for the applicants ended up not filing his written submissions and the court declined to give him a further adjournment and listed his matter for ruling. 3.I have considered the application which is seeking to review the judgment of this court. Submissions are vital in application like the one which was pending before me as it seeks to guide the court on the issues raised in the application and point out the relevant law and citing authorities which are all aimed to assist the court to come up with a well informed ruling on the matter or the issue before it. This is brilliant court of Kenya in petition of (application) 011 of 2022 Kenya Airports Authority versus Otieno Ragot & Co Advocates, the court stated that to the delay in compliance by the appellant was therefore prejudicial to the respondent who was deponed the opportunity to respond to the appellants submissions guided by Court’s decision in Independent Electoral and Boundaries Commission versus Jane Cheprenger and 2 others SC Petition number 5 of 2016 (2018) eKLR where we underscored the importance of complying with Court orders and given directions every party has an obligation to honor the Court's directions whereas filing of submissions is not incurable, and this court has discretion to allow such late filing, the appellant has not moved the court appropriately by way of an application for extension of time to file the said documents….” 4.The applicant was given four opportunities to file and serve his submission within a span of 4 months. The applicant did not file is submissions and no explanation was offered for the delay failure to file the submissions was prejudicial who were denied the opportunity to enjoy the fruits of judgment. This is a Succession matter that involves many members of the family. It is therefore prejudicial for the Applicant to fail to prosecute the application and delay the conclusion of the matter. Though it has been held that striking out pleadings in draconian, this is one matter which the court has to strike out as the applicant has delayed the matter. It has been pending in Court since the year 2016. Majority of the dependants are content in the judgment and are not parties in the application for review. Litigation must come to an end. The application was filed under a certificate of urgency. The Applicant has not demonstrated any urgency in prosecuting the application. I order at the application dated 13th November 2024 be struck out for want of prosecution in failure to the submissions. L. GITARIJUDGE5/5/2026Order read out in open court.L. GITARIJUDGE5/5/2026