https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11217

In re Estate of Wanjiku (Deceased) (Miscellaneous Succession Application E029 of 2026) [2026] KEHC 11217 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 11217 (KLR) Republic of Kenya In the High Court at Kiambu Miscellaneous Succession Application E029 of 2026 B Mwamuye, J June 10, 2026 IN THE MATTER OF THE ESTATE OF JOSEPHINE WANJIKU (DECEASED) Between Serah Nyambura Njuguna 1st Applicant Sammy Njenga Mwaura 2nd Applicant Sammy Mwaura Njenga 3rd Applicant Peter Muriu Kariuki 4th Applicant and Geoffrey Njogu Njenga 1st Respondent Simple Pay Capital Limited 2nd Respondent Ruling 1.Before me is a Notice of Motion Application dated 6th May 2026 brought pursuant to Section 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules and Section 47 of the Law of Succession Act seeking;a.Spent.b.That this Honourable Court be pleased to withdraw and transfer Kikuyu Chief Magistrates Court Magistrate Succession Cause No.83 of 2020 to Kiambu High Court for hearing and determination.a.That costs of this application be in the cause. 2.The Application was based on the grounds on its face and the affidavit of Francis Mburu Machua sworn on even date. In it he indicated that the 1st Respondent petitioned the Lower Court for a grant of Letters of Administration at the Chief Magistrates Court Kikuyu Magistrate under Succession Cause No.83 of 2020 without involving or including the Applicants. 3.On 15th April 2026 the issue of jurisdiction was raised in the Lower Court by the Applicants herein on the basis that the 1st Respondent has sold the subject property to the 2nd Respondent at Kshs. 30,000,000. The Subordinate Court closed the file and directed the file be transferred to the High Court Kiambu which has pecuniary jurisdiction over the estate. 4.The matter was unopposed and both sides did not submit written submissions. 5.The jurisdiction of the High Court to transfer suits from one Court to another is provided under Section 18 of the Civil Procedure Act which states as follows-“(1)On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court may at any stage—a.transfer any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same; or,b.withdraw any suit or other proceeding pending in any court subordinate to it, and thereafter—i.try or dispose of the same; orii.transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same; oriii.retransfer the same for trial or disposal to the court from which it was withdrawn.(2)Where any suit or proceeding has been transferred or withdrawn as aforesaid, the court which thereafter tries such suit may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.” 6.The Applicants’ reason for seeking transfer of the suit to the High Court is that the subject property is valued at Kshs.30,000,000/= which is beyond the pecuniary jurisdiction of the Magistrates Court. 7.I am satisfied that the appropriate forum to hear and determine the succession proceedings is the High Court sitting at Kiambu and for that reason I allow the application and make the following orders;a.That Kikuyu Chief Magistrates Court Magistrate Succession Cause No.83 of 2020 be and is hereby transferred to the High Court in Kiambu for hearing and determination.b.That costs shall be in the cause. 8.Orders accordingly and file closed accordingly. DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS 10TH DAY OF JUNE 2026……………………………………………………………BAHATI MWAMUYE MBSJUDGE