[2025] KEHC 9649 (KLR)
The court found that the applicant had demonstrated that the deceased died in Limuru and that most of her assets are situated there. The court acknowledged the inadvertent filing in Kiambu, which may lack territorial jurisdiction. However, before making a substantive order on the transfer, the court required proof...
Source-derived case information.
- Citation
- [2025] KEHC 9649 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Civil Case E023 of 2025
- Procedural Posture
- Family Miscellaneous Application / Interlocutory Ruling
- Outcome
- Mention for directions; no final orders on transfer issued pending proof of service.
- Judges
- DO Chepkwony
- Legal Topics
- Probate and Administration, Territorial Jurisdiction, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Family Miscellaneous Application / Interlocutory Ruling
Legal Issues
- 1 Whether the High Court at Kiambu has territorial jurisdiction over the estate of the deceased.
- 2 Whether the suit should be transferred to Limuru Senior Principal Magistrate Court for hearing and determination.
- 3 Whether proper service of the application was effected.
Ratio Decidendi
The court found that the applicant had demonstrated that the deceased died in Limuru and that most of her assets are situated there. The court acknowledged the inadvertent filing in Kiambu, which may lack territorial jurisdiction. However, before making a substantive order on the transfer, the court required proof of service of the application to the respondent. The court confirmed that an affidavit of service had been filed and directed that it be availed in court before further orders could be made on the merits of the application. The matter was set for mention to confirm compliance and for further directions.
Court Disposition
Mention for directions; no final orders on transfer issued pending proof of service.
Orders
- An affidavit of service to be filed and availed in court.
- Matter mentioned on 30th June, 2025 for further orders.
Full Case Text
Judgment text and source record
12 paragraphs
In re Estate of Lucy Muthoni Kariuki – Deceased (Family Miscellaneous Civil Case E023 of 2025) [2025] KEHC 9649 (KLR) (23 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9649 (KLR)
Republic of Kenya
In the High Court at Kiambu
Family Miscellaneous Civil Case E023 of 2025
DO Chepkwony, J
June 23, 2025
IN THE MATTER OF THE ESTATE OF THE LATE LUCY MUTHONI KARIUKI – (DECEASED)
Ruling
1. The Applicant filed Amended Summons dated 22nd May, 2025 seeking transfer of Kiambu MCSUCC. No.E052 if 2025 to Limuru Senior Principal Magistrate Court for hearing and determination. The Applicant holds that the deceased died in Limuru, most of her assets are situated there and they inadvertently filed the suit here in Kiambu which lacks territorial jurisdiction and thus seeks the court to transfer the same.
2. When the matter came up in court the Applicant informed the court that he had served the application on 19th May, 2025 and filed an Affidavit of Service on the same day. The court has gone through the Case Tracking System and finds that there is proof of Affidavit of Service. It therefore directs an Affidavit of Service to be filed and availed in court for the court to proceed with further orders on the merits of the application. Mention on 30th June, 2025. It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 23RD DAY OFJUNE , 2025. D. O. CHEPKWONYJUDGE