[2025] KEHC 4846 (KLR)
The court found that all parties to the succession cause had voluntarily participated in mediation and reached a comprehensive agreement on the distribution of the deceased's estate. The agreement, having been duly filed and signed by all relevant parties and their advocates, was adopted as the judgment of the...
Source-derived case information.
- Citation
- [2025] KEHC 4846 (KLR)
- Parties
- Applicant: Mary Wanjiru Muiruri; Applicant: Eunice Kogo Kiondo; Respondent: Johnny Gachani Muriruri; Respondent: Rahab Wanjiku; Respondent: Solomon Mburu Gachani; Respondent: Felix Kemeli Kosgei; Respondent: Samuel Kipkemei Siele; Respondent: Jeremiah Kibet Ronoh; Respondent: Gideon cheruiyot; Respondent: Tecla Jepkosgei
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 301 of 2009
- Procedural Posture
- Probate and Administration / Ruling on Confirmation of Grant and Adoption of Mediation Agreement
- Outcome
- Mediation agreement adopted as judgment; certificate of confirmation of grant to issue as per agreement.
- Judges
- RN Nyakundi
- Legal Topics
- Succession, Distribution of Estate, Confirmation of Grant, Mediation Inheritance, Land Allocation, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wanjiru Muiruri
Applicant
Eunice Kogo Kiondo
Applicant
Johnny Gachani Muriruri
Respondent
Rahab Wanjiku
Respondent
Solomon Mburu Gachani
Respondent
Felix Kemeli Kosgei
Respondent
Samuel Kipkemei Siele
Respondent
Jeremiah Kibet Ronoh
Respondent
Gideon cheruiyot
Respondent
Tecla Jepkosgei
Respondent
Procedural Posture
Probate and Administration / Ruling on Confirmation of Grant and Adoption of Mediation Agreement
Legal Issues
- 1 Whether the mediation agreement on distribution of the deceased's estate should be adopted as the judgment of the court.
- 2 Whether the certificate of confirmation of grant should be issued in accordance with the mediation agreement.
Ratio Decidendi
The court found that all parties to the succession cause had voluntarily participated in mediation and reached a comprehensive agreement on the distribution of the deceased's estate. The agreement, having been duly filed and signed by all relevant parties and their advocates, was adopted as the judgment of the court. The court held that this approach was consistent with Article 159(2)(c) of the Constitution, which encourages alternative dispute resolution mechanisms, including mediation. The court further determined that the terms of the mediation agreement were fair, equitable, and reflected the wishes of the beneficiaries. Consequently, the court ordered that a certificate of...
Court Disposition
Mediation agreement adopted as judgment; certificate of confirmation of grant to issue as per agreement.
Orders
- The mediation agreement dated 15.4.2025 and filed on 23.4.2025 is adopted as the judgment of the court.
- A certificate of confirmation of grant shall be issued in accordance with the mediation agreement.
Full Case Text
Judgment text and source record
35 paragraphs
In re Estate of Ibrahim K Muiruru (Deceased) (Probate & Administration 301 of 2009) [2025] KEHC 4846 (KLR) (Family) (25 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4846 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Probate & Administration 301 of 2009
RN Nyakundi, J
April 25, 2025
IN THE ESTATE OF IBRAHIM K MUIRURU(DECEASED
Between
Mary Wanjiru Muiruri
1st Objector
Eunice Kogo Kiondo
2nd Objector
and
Johnny Gachani Muriruri
1st Respondent
Rahab Wanjiku
2nd Respondent
Solomon Mburu Gachani
3rd Respondent
Felix Kemeli Kosgei
4th Respondent
Samuel Kipkemei Siele
5th Respondent
Jeremiah Kibet Ronoh
6th Respondent
Gideon cheruiyot
7th Respondent
Tecla Jepkosgei
8th Respondent
Ruling
1. The petitioners filed summons for confirmation of grant and before the court would address the issue parties sought leave to have the dispute referred to mediation. This culminated in a full mediation agreement filed in court on 23. 4.2025. The same was adopted in the following terms:1. Land Parcel Transnzoia/Gidea Settlement Scheme/1/measuring Approx 50 Acres to be shared in the following terms:Name Acreagea.Solomon Mburu Gachani 5b.Jackson Gathogo Muiruri 5c.Maxwel Karaja Kiondo 5d.Dancun Ndicu Muiruri 5e.Samuel Kariuki Muiruri 3. 4f.Richard Wainaina Muiruri 3. 4g.Francis Mwaura Muiruri 3. 4h.Magaret Wangare Kiondo 1i.Carolyne Njoki 1j.Phyllis Wamboi 1k.Dorcus Njeri Kiondo 1l.Naomi Wanjera 1m.Eunice Thoku Kuria 1n.Mary Wanjiru Muiruri 1o.Sophia Wambui (On behave of Jonny Gachani) 5p.Jane Wambui Kihiko (On behalf of Sammy Kariuki) 5q.Jane Mukami Mbugua (On behalf of John G Kiondo) 3. 4)r.Mercy Wanjiku( On behalf of Grace Nyathira) 12. Land Parcel Transnzoia (Kibchoi) 12412698 measuring Approx 210 Acres to be shared in the following terms:Name Acreagea.Solomon Mburu Gachani 20b.Jackson Gathogo Muiruri 20c.Maxwel Karanja Kiondo 20d.Dancun Ndicu Muiruri 21e.Samuel Kariuki Muiruri 21f.Richard Wainaina Muiruri 21g.Francis Mwaura Muiruri 21h.Elizabeth Waithera 5i.Sofia Wambui (On behalf of Johnny G Muiruri) 20j.Jane Wambui Kihiko (On behalf of Sammy Kariuki) 20k.Jane Mukami Mbugua (On behalf of John G Kiondo) 213. Land parcel Kirathimo L.R NO 8451/7 Measuring Approximately 180 Acresa.Solomon Mburu Gachani 10b.Jackson Gathogo Muiruri 10c.Maxweel Karanja 10d.Anne Catherine Wambui 5e.Naomi Wambui Gachani 5f.Faith Njeri 5g.Rabbecca Wanja Mutela 5h.Mary Wairimu 5i.Cecilia Wangui Mukuna 5j.Elizabeth Waithera 5k.Jane Moureen Muiruri 5l.Dancum Ndicu Muiruri 10m.Samuel Kariuki 10n.Richard Wainaina 10o.Francis Mwaura Muiruri 10p.Margaret Wangare 5q.Carolyne Njoki 5r.Phy7llis Wambui 5s.Dorcus Njeri 5t.Mary Wanjiku Muiruri 5u.Eunice Thuku 5v.Naomi Wanjera 5w.Jane Mukami Mbugua on behalf of John Gichuki 10x.Jane Wambui Kihiko on behalf of Sammy Kariuki 10y.Sofia Wambui Macharia (On behalf of Johnny Gachani) 10z.Mercy Wanjiku Muiruri (On behalf of Grace Nyathira) 10
2. This mediation agreement was drawn and filed by Mr. Valentine Wandera dated 15. 4.2025. The same was duly adopted by this court on 24. 4.2025 as a judgement of this court from which a certificate of confirmation of grant shall be issued to transmit the estate in consonant with the agreement in terms of Article 159(2) (c) of the constitution.
GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 25THDAY OF APRIL, 2025. ………………………………………R. NYAKUNDIJUDGE