[2025] KEHC 4297 (KLR)
The court determined that since there is a related matter pending before the Kajiado High Court (Civil Misc. Application No. E052 of 2021) involving the same parties, and the present cause at Nairobi had already been concluded with the grant confirmed, the Applicant should make the application for transfer before...
Source-derived case information.
- Citation
- [2025] KEHC 4297 (KLR)
- Parties
- Applicant: Sane Ole Kinaiya (Deceased); Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 10 of 1996
- Procedural Posture
- Succession Cause / Ruling on Application for Transfer of Probate Cause
- Outcome
- Application for transfer not granted; Applicant directed to pursue transfer before Kajiado High Court.
- Judges
- CJ Kendagor
- Legal Topics
- Probate Transfer, Revocation of Grant, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sane Ole Kinaiya (Deceased)
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Transfer of Probate Cause
Legal Issues
- 1 Whether the Probate Cause should be transferred to the High Court of Kenya at Kajiado.
- 2 Whether the Applicant should pursue the transfer application before the Hon. Judge at Kajiado High Court.
Ratio Decidendi
The court determined that since there is a related matter pending before the Kajiado High Court (Civil Misc. Application No. E052 of 2021) involving the same parties, and the present cause at Nairobi had already been concluded with the grant confirmed, the Applicant should make the application for transfer before the Hon. Judge at Kajiado High Court. The court declined to transfer the file directly, instead directing the Applicant to pursue the application in the appropriate forum, thereby upholding principles of judicial comity and proper case management.
Court Disposition
Application for transfer not granted; Applicant directed to pursue transfer before Kajiado High Court.
Orders
- The Applicant is to make the application for transfer before the Hon. Judge at Kajiado High Court.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Sane Ole Kinaiya (Deceased) (Succession Cause 10 of 1996) [2025] KEHC 4297 (KLR) (Family) (25 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4297 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 10 of 1996
CJ Kendagor, J
March 25, 2025
Ruling
1. The Applicant has Applicant has applied to have this Probate Cause transferred to the High Court of Kenya at Kajiado. The Applicant has indicated that they have lodged an application for revocation of the grant at Kajiado High Court. The pleadings nor the current status of the case were not shared.
2. I have established from the Case Tracking System that Kajiado High Court Civil Misc. Application No. E052 of 2021 relates to the same parties. It is coming up in Court on 16th June, 2025. The present cause was concluded with the Grant having been confirmed.
3. I have not had the benefit of checking the originating process filed in the Kajiado Misc. Application, however, given that it has a date coming up before the Hon. Judge, the Applicant can make the application before the Hon. Judge for consideration of the transfer of the file to Kajiado High Court.
4. It is so ordered.
DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 25TH DAY OF MARCH, 2025. ………………………….C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr. Agina Advocate for the Applicant present