Kibuna & another v Kibuna (Family Appeal E007 of 2025) [2026] KEHC 4583 (KLR) (9 April 2026) (Ruling)

The applicants failed to demonstrate substantial loss or imminent risk of disposal of estate properties, and were properly served and involved in the succession proceedings. The application for stay of execution pending appeal is unmerited and dismissed.

Citation: [2026] KEHC 4583 (KLR)
Parties: 1st Appellant: Waitara Kibuna; 2nd Appellant: Paul Karanja Kibuna; Respondent: David Ngure Kibuna
Court: High Court
Jurisdiction: Kenya
Judgment Date: 9 April 2026
Case Number: Family Appeal E007 of 2025
Procedural Posture: Family Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome: Application for stay of execution pending appeal dismissed with costs to the respondent.
Legal Topics: Stay of Execution, Confirmation of Grant, Inhibition Orders, Distribution of Estate, Probate and Administration Rules
Source Language: English

Succession Law Civil Procedure Stay of Execution Confirmation of Grant Inhibition Orders Distribution of Estate Probate and Administration Rules

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Parties

Waitara Kibuna

1st Appellant

Paul Karanja Kibuna

2nd Appellant

David Ngure Kibuna

Respondent

Procedural Posture

Family Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the application for stay of execution pending appeal is merited
2 Whether substantial loss would be occasioned if stay is not granted
3 Whether the applicants were properly served and involved in the succession proceedings

Ratio Decidendi

Court Disposition

Application for stay of execution pending appeal dismissed with costs to the respondent.

Orders

Application for stay of execution pending appeal dismissed.
Costs awarded to the respondent.