[2025] KEHC 9849 (KLR)
The court found that no sufficient reasons were advanced for the absence of the witness, Erick Nyongesa Nalimae, particularly given the availability of virtual court platforms and the witness's presumed technological capability as a college student. The matter has been pending for over 17 years, and the court...
Source-derived case information.
- Citation
- [2025] KEHC 9849 (KLR)
- Parties
- Applicant: Oscar Kiberenge Nalimae; Applicant: Irene Naliaka Nalimae; Applicant: Scholastica Chemari Wambete
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 4 of 2008
- Procedural Posture
- Succession Cause / Ruling on Adjournment Application
- Outcome
- Application for adjournment declined; matter to proceed as scheduled.
- Judges
- MS Shariff
- Legal Topics
- Adjournment of Hearing, Case Management, Virtual Hearings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oscar Kiberenge Nalimae
Applicant
Irene Naliaka Nalimae
Applicant
Scholastica Chemari Wambete
Applicant
Procedural Posture
Succession Cause / Ruling on Adjournment Application
Legal Issues
- 1 Whether sufficient grounds exist to grant an adjournment due to the unavailability of a witness who is a college student.
- 2 Whether the age of the matter and the availability of virtual court platforms justify refusal of adjournment.
Ratio Decidendi
The court found that no sufficient reasons were advanced for the absence of the witness, Erick Nyongesa Nalimae, particularly given the availability of virtual court platforms and the witness's presumed technological capability as a college student. The matter has been pending for over 17 years, and the court emphasized the need for expeditious disposal of cases. The repeated requests for adjournment on the same grounds were not persuasive. Consequently, the court declined to grant the adjournment and ordered that the matter proceed as scheduled.
Court Disposition
Application for adjournment declined; matter to proceed as scheduled.
Orders
- The application for adjournment is declined.
- The matter shall proceed as scheduled.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Joseph Maina Naliamae (Deceased) (Succession Cause 4 of 2008) [2025] KEHC 9849 (KLR) (8 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9849 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 4 of 2008
MS Shariff, J
July 8, 2025
THE MATTER OF THE ESTATE OF JOSEPH MAINA NALIAMAE - DECEASED.
In the matter of
Oscar Kiberenge Nalimae
1st Petitioner
Irene Naliaka Nalimae
2nd Petitioner
Scholastica Chemari Wambete
3rd Petitioner
Ruling
1. Whereas on 18. 2.2025, Mr Were Counsel for the 1st Petitioner sought for an adjournment on grounds that this witness was in college, the same reason had been advanced today to crave for yet another adjournment of this cause.
2. Mr Paul Juma has submitted that the 1st Petitioner’s witness who is said to be a college student must be a person who is techno-savvy and could have joined the court virtually.
3. I have considered the application by Mr Were and the response by Mr Paul Juma, and I have also considered the fact that this is a fairly old matter which has lasted over 17 years in court and hence the need to have it concluded expeditiously and I do note that no reasons have been advanced as to why this witness one Erick Nyongesa Nalimae has not joined the virtual court platform. I am thus not persuaded by the reasons for an adjournment and I decline to adjourn this cause today.
4. I do order that the matter do proceed as scheduled.
DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 8TH DAY OF JULY 2025. M.S. SHARIFFJUDGE