[2025] KEHC 4666 (KLR)
The court found that the Kiambu Magistrate's Court did not have territorial jurisdiction over the estate of Frasiah Muthoni Njenga, as the deceased was a resident of Thogoto Location within Kikuyu Constituency. Section 49 of the Law of Succession Act requires succession proceedings to be filed in the court within...
Source-derived case information.
- Citation
- [2025] KEHC 4666 (KLR)
- Parties
- Applicant: Mark Njenga Njoroge; Applicant: Fiddy Njambi Njenga; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E094 of 2024
- Procedural Posture
- Family Miscellaneous Application / Ruling on Notice of Motion for Stay and Transfer
- Outcome
- application allowed as prayed
- Judges
- DO Chepkwony
- Legal Topics
- Succession Jurisdiction, Transfer of Proceedings, Territorial Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Njenga Njoroge
Applicant
Fiddy Njambi Njenga
Applicant
__MISSING__
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling on Notice of Motion for Stay and Transfer
Legal Issues
- 1 Whether the Kiambu Magistrate's Court has territorial jurisdiction over the estate of Frasiah Muthoni Njenga.
- 2 Whether proceedings in Kiambu MCSUCC No.E094 of 2024 should be stayed and transferred to Kikuyu Law Courts.
Ratio Decidendi
The court found that the Kiambu Magistrate's Court did not have territorial jurisdiction over the estate of Frasiah Muthoni Njenga, as the deceased was a resident of Thogoto Location within Kikuyu Constituency. Section 49 of the Law of Succession Act requires succession proceedings to be filed in the court within the area of the deceased's last known residence. The application was unopposed, and the evidence, including the Chief's letter, supported the applicants' position. The court therefore allowed the application, stayed the proceedings in Kiambu MCSUCC No.E094 of 2024, and ordered the transfer of the matter to Kikuyu Law Courts for disposal.
Court Disposition
application allowed as prayed
Orders
- Proceedings in Kiambu MCSUCC No.E094 of 2024, Estate of Frasiah Muthoni Njenga (Deceased) are stayed pending hearing and determination of the instant application.
- Kiambu MCSUCC No.E094 of 2024 is withdrawn and transferred to Kikuyu Law Courts for subsequent disposal.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Frasiah Muthoni Njenga (Deceased) (Family Miscellaneous Application E094 of 2024) [2025] KEHC 4666 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4666 (KLR)
Republic of Kenya
In the High Court at Kiambu
Family Miscellaneous Application E094 of 2024
DO Chepkwony, J
March 27, 2025
IN THE MATTER OF THE ESTATE OF FRASIAH MUTHONI NJENGA – (DECEASED)
In the matter of
Mark Njenga Njoroge
1st Applicant
Fiddy Njambi Njenga
2nd Applicant
Ruling
1. This matter is scheduled for inter-parties hearing of the Notice of Motion application dated 10th March, 2025. However, the Respondent has not filed any response or attended court despite having been served with the application, order/directions and hearing Notice on 20th March, 2025 as evidenced by the Affidavit of Service dated 22nd March, 2025.
2. In the said Notice of Motion application, the Applicant has sought for orders that:-a.This Honourable Court issues an order staying the proceedings in Kiambu MCSUCC. No.E094 of 2024, Estate of Frasiah Muthoni Njenga, (Deceased) pending the hearing and determination of the instant application.b.This Honourable Court be pleased to order withdrawal of the said suit from the court, transfer and subsequent disposal of Kiambu MCSUCC.No.E094 of 2024, Estate of Frasiah Muthoni Njenga (Deceased) to Kikuyu Law Courts.
3. The application is based on the grounds set out on its face and the Supporting Affidavit sworn by Martin Njenga, counsel for the Applicant. The gist of the application is that Kiambu Magistrate’s Court does not have territorial jurisdiction in the matter as the Deceased was a resident of Thogoto Location within Kikuyu Constituency. And as required by Section 49 of the Law of Succession Act, the last known place of residence as confirmed by the Chief’s letter dated 15th December, 2025 It is further stated that the cause of justice will be better served by having the matter heard and determined in a court seized with jurisdiction to determine all issues and questions related to this matter.
4. The application stands unchallenged.
5. In the circumstances, the Notice of Motion application dated 10th March, 2025 is allowed as prayed in the following terms:-a.That the proceedings in Kiambu MCSUCC. No.E094 of 2024, Estate of Frasiah Muthoni Njenga (Deceased) be and are hereby stayed pending the hearing and determination of the instant application.b.That the said suit, Kiambu MCSUCC. No.E094, Estate of Frasiah Muthoni Njenga (Deceased) be and is hereby withdrawn and transferred and its subsequent disposal to Kikuyu Law Courts.c.Costs of the application be in the cause.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:-Mr. Njau Maina holding for Mr. Mbugua Njenga counsel for ApplicantNo appearance for and by the RespondentCourt Assistant - Martin