[2025] KEHC 5405 (KLR)

[2025] KEHC 5405 (KLR)

The court found that the majority of the parties (eight out of eleven) had agreed and signed a mediation consent regarding the distribution of the estate of the late Stanley Karongo. The consent clearly set out the allocation of specific properties to the two households of the deceased. The court, satisfied that the...

Source-derived case information.

Citation
[2025] KEHC 5405 (KLR)
Parties
Applicant: Mercy Wanjuhi Karongo; Applicant: Stanley Karongo Nyathike; Respondent: Jane Njeri Karongo; Respondent: Mary Wairimu Karongo; Respondent: Alice Wanjiru Karongo; Respondent: Penninah Mumbi Karongo; Respondent: Lynette Muthoni Karongo; Respondent: Moses Kamiti Karongo; Respondent: George Nganga Karongo; Respondent: Lucy Waithira Karongo; Respondent: Lilian Nduta Karongo; Respondent: Morris Kinyanjui Karongo; Respondent: John Kamau Karongo; Respondent: Beatrice Njoki Wachira
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Succession Cause E126 of 2021
Procedural Posture
Succession Cause / Ruling on Adoption of Mediation Consent
Outcome
consent adopted as order of the court; estate distributed as per consent; each party to bear own costs
Judges
DO Chepkwony
Legal Topics
Succession, Estate Distribution, Consent Orders, Mediation, Household Entitlements
Source Language
en
Family and Children Succession Estate Distribution Consent Orders Mediation Household Entitlements

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Parties

Mercy Wanjuhi Karongo

Applicant

Stanley Karongo Nyathike

Applicant

Jane Njeri Karongo

Respondent

Mary Wairimu Karongo

Respondent

Alice Wanjiru Karongo

Respondent

Penninah Mumbi Karongo

Respondent

Lynette Muthoni Karongo

Respondent

Moses Kamiti Karongo

Respondent

George Nganga Karongo

Respondent

Lucy Waithira Karongo

Respondent

Lilian Nduta Karongo

Respondent

Morris Kinyanjui Karongo

Respondent

John Kamau Karongo

Respondent

Beatrice Njoki Wachira

Respondent

Procedural Posture

Succession Cause / Ruling on Adoption of Mediation Consent

Legal Issues

  1. 1 Whether the mediation consent reached by the parties should be adopted as an order of the court.
  2. 2 How the estate of the late Stanley Karongo should be distributed among the beneficiaries.

Ratio Decidendi

The court found that the majority of the parties (eight out of eleven) had agreed and signed a mediation consent regarding the distribution of the estate of the late Stanley Karongo. The consent clearly set out the allocation of specific properties to the two households of the deceased. The court, satisfied that the consent was voluntarily entered into and that it complied with the law, adopted the consent as an order of the court. Each party was ordered to bear their own costs related to the distribution. The ruling underscores the court's support for alternative dispute resolution mechanisms in succession matters and the binding nature of consents duly executed by parties.

Court Disposition

consent adopted as order of the court; estate distributed as per consent; each party to bear own costs

Orders

  • The mediation consent dated and signed by the parties is adopted as an order of the court.
  • The First Household (Mercy Wanjuhi Karongo and Stanley Karongo Nyathike) shall retain property L.R.Kiambaa/Kihara/T119.