https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10466
The court found that, in the interest of substantive justice, the suit should be reinstated, and accordingly reviewed the prior dismissal by restoring the succession cause to the active list.
Source-derived case information.
- Citation
- [2026] KEHC 10466 (KLR)
- Parties
- 1st Petitioner / Applicant: Pacifica Mong’ina Mageka; 2nd Petitioner: Josephine MoraaMagek
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 397 of 2014
- Procedural Posture
- Succession Cause; Application for Review/set Aside/vacate Dismissal and Revival of Suit / Ruling on Notice of Motion Dated 8/12/2025
- Outcome
- Application allowed; suit reinstated.
- Judges
- ["PK Rotich"]
- Legal Topics
- Review of Orders, Setting Aside Dismissal, Reinstatement/revival of Suit, Abatement, Substantive Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pacifica Mong’ina Mageka
1st Petitioner / Applicant
Josephine MoraaMagek
2nd Petitioner
Procedural Posture
Succession Cause; Application for Review/set Aside/vacate Dismissal and Revival of Suit / Ruling on Notice of Motion Dated 8/12/2025
Legal Issues
- 1 Whether the court should review, set aside, vary or vacate the dismissal order issued on 29 November 2018
- 2 Whether the succession cause should be revived/reinstated after dismissal for abetment
Ratio Decidendi
The court found that, in the interest of substantive justice, the suit should be reinstated, and accordingly reviewed the prior dismissal by restoring the succession cause to the active list.
Court Disposition
Application allowed; suit reinstated.
Orders
- The orders issued on 29 November 2018 dismissing the matter were effectively set aside/revived by reinstatement of the suit.
- The petitioners shall file a schedule of mode of distribution within 7 days.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Okongo (Deceased) (Succession Cause 397 of 2014) [2026] KEHC 10466 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10466 (KLR) Republic of Kenya In the High Court at Kisii Succession Cause 397 of 2014 PK Rotich, J July 13, 2026 In the matter of Pacifica Mong’ina Mageka 1st Petitioner Josephine MoraaMagek 2nd Petitioner Ruling 1.Before me is a Notice of Motion dated 8/12/2025. In the application the Petitioners/Applicants pray that the orders of this court issued on 29th day of November, 2018 be reviewed and/or set aside, varied or vacated. The applicants also pray that this suit be revived. 2.The application is based on the grounds on the face of it and supported by the annexed affidavit of Pacifica Mongina Mogeka, the 1st Petitioner. In her affidavit the 1st Petitioner avers that she did not have the occasion to attend court on 29th November 2018 when this matter was dismissed for abetement. She also states that she delayed in filing this application because she was not aware the matter had been dismissed 3.In the interest of substantive justice this suit is reinstated. The petitioners are also directed to file schedule of mode of distribution within 7 days. DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT PLATFORM THIS 13TH DAY OF JULY 2026.HON. P. K. ROTICHJUDGEIn the presence of: -Ms. Angewenyi for the Petitioners