https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10691

 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **FAMILY DIVISION** **SUCESSION CAUSE NO. E890 OF 2023** **IN THE MATTER OF THE ESTATE OF JOEL NDOHO** **MWAURA (DECEASED)** **EMILY WAMBUI NDOHO ………………………………….. APPLICANT** **VERSES** **SAMUEL MACHARIA IRUNGU ……..……………........ RESPONDENT** **RULING** 1. In her application dated **9th December 2025** the Applicant seeks the following orders: **(a) 1, and 2 spent.** **(b) A mandatory injunction do issue directing the Respondent to vacate and or give vacant possession of LR No Kabete /Nyathuna/102 belonging to the estate of the deceased and to remove all his workmen, servants agents, belongings and domestic animals and to make good any property of the estate that he has interfered with.** **(c) That the Respondent be cited for interfering with, intermeddling in, destroying and alienating the estate of the deceased person contrary to the law and be appropriately punished by fine and term imprisonment prescribed by the law.** **(d) That the Respondent be ordered to pay mesne profits for occupation of the property since April 2020 at the rate of Kshs 50,000 per month until he vacates.** **(e) That the orders of this Court be carried out, supervised and or overseen by the OCPD Kingeero police station.** 2. The application is based on the grounds thereof and the sworn affidavit of the Applicant of even date. 3. The Applicants states that she was the co administrator of the estate and that the Respondent has intermeddled with the suit property by occupation and carrying out illegal activities. 4. He deponed that the Respondent had entered into a tenancy agreement with her deceased mother Elizabeth Nyambura Ndoho who according to her had no capacity to enter into such an agreement on behalf of the deceased estate. 5. The Applicant has exhibited a litany of destruction allegedly caused by the Respondent including destruction of avocado trees and many other negative activities on the land hence the need to have him evicted. 6. Vide a replying affidavit sworn on 12th February 2026 the Respondent opposed the application vehemently. He argued that the issue at hand was a tenancy agreement between the Applicant’s mother and himself and consequently this Court does not have jurisdiction to determine the matter. 7. The Respondent deponed that since the matter is a tenancy agreement there was an active matter at the Rent Tribunal namely case number RRC/E1491 OF 2024 which was yet to be concluded. 8. Without belaboring the issue herein and having read the submissions on board it is easy to conclude that this Court does not have jurisdiction to determine this application and the issue between the Applicant and the Respondent. It is true that the Respondent is not a beneficiary of the estate herein but only a tenant. 9. The tenancy agreement between him and the deceased wife is a subject of contest at the Rent Tribunal. The Applicant has not opposed the fact that there is a matter at the said Tribunal. 10. The Tribunal will determine whether the late Elizabeth Ndoho had the capacity to enter into any such agreement or not. 11. Secondly the Tribunal will determine whether by virtue of the said agreement the same had been extinguished and whether the Applicant has been receiving the rent or not. 12. In the premises I do agree with the Respondent that this Court does not have jurisdiction to determine the issue between the Respondent and the Applicant by the simple reason that the Respondent is not a beneficiary of this estate. 13. **The application is otherwise dismissed with no order as to costs.** **Dated signed and delivered via video link at Nairobi this** **16th day of July 2026.** **H.K. CHEMITEI** **JUDGE, FCIArb.**