https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9080

Kihara & 2 others (Suing for and on Behalf of Themselves and Echariria Self-Help Group) v Kagai & another (Succession Cause 358 of 2016) [2026] KEHC 9080 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 9080 (KLR) Republic of Kenya In the High Court at Nakuru Succession Cause 358 of 2016 JM Nang'ea, J June 23, 2026 Between Stephen Njoroge Kihara 1st Applicant Godfrey Ndungu 2nd Applicant Mirriam Wairimu Kuria 3rd Applicant Suing for and on Behalf of Themselves and Echariria Self-Help Group and Rahab Wangari Kagai 1st Respondent Eunice Wanjiru Kagai 2nd Respondent Ruling 1.The Applicants bring a Summons dated 26/2/2024 praying for orders as hereunder;1.Spent. 2.Spent. 3.That the Honourable Court be pleased to revoke and annul the letters of administration issued and confirmed to the respondents on the 12th June, 2017 and 10th May, 2018 specifically concerning 51 Plots LR. No. Kiambogo/Miroreni Block 1/3720-3770. (sic) 4.That the costs of this application be in the cause. 2.The 1st Applicant (Stephen Njoroge Kahara) swore an affidavit in support of the Summons stating that he is the chairman of the above named Self Help Group, (hereinafter referred to as “the Group”). He avers that the Respondents fraudulently obtained Grant of Letters of Administration herein and subsequent confirmation thereof. The Respondents who had petitioned for the Grant over the Estate of the deceased herein are said to have bequeathed to themselves parcels of land that neither belonged to the deceased not themselves. The court is told that the deceased was a former chairman of the Group that was formed to purchase land for members. After he was voted out at chairman around the year 2009, the deceased allegedly stopped co-operating with the Group and its members and even filed Nakuru Chief Magistrate’s Civil Case Number 325 of 2009 against them seeking orders compelling the Group’s Surveyor who had custody of its land titles and other documents to surrender the same to him. According to the 1st Applicant, the court dismissed the suit. 3.Undeterred, the deceased proceeded to institute another suit (Nakuru Chief Magistrate’s Civil Case Number 470 of 2014) against the Group members for eviction orders, continues the 1st Applicant. It would appear from the 1st Applicant’s deposition that the deceased did not succeed again and instead falsely reported loss of three of the titles in question to the police. Thereafter he is said to have approached the concerned lands office and obtained new titles ostensibly because the original titles got lost yet the titles were in possession of the Group’s Surveyor. 4.The 1st Applicant further contends that the deceased fraudulently changed two of the affected titles (Kiambogo/Miroreni Block 1/253 and Kiambogo Miroreni Block 1/244) into his name. This provoked institution of Nakuru Environment and Land Court (‘’ELC’’) Case Number 185 of 2014 by the Group members who sought cancellation of the titles registered in the name of the deceased. The 1st Applicant stated that the suit was still pending determination at the time of filing of this Application. The deceased also passed on before determination of the suit. 5.The 1st Applicant continues to tell the court that they later learnt of filing of this Succession Cause and Confirmation of the Grant herein resulting in acquisition of the Group’s land by the Respondents who falsely claimed that it belonged to the deceased. It is contended that the conduct is dishonest on the part of the Respondents who are the daughters of the deceased and beneficiaries of only the deceased’s share of the Group’s land. They are, however, said to have gone ahead to subdivide the entire Group’s land between themselves. 6.For the stated reasons inter alia, the Applicants crave reliefs as per the Application. 7.The Respondents oppose the Application vide their joint affidavit in reply. While denying that the deceased was ever an official of the Group, they aver that they are unaware of any relationship the Applicants had with their deceased father. 8.The court is told, in any event, that the disputed properties are not among those distributed as per the Certificate of Confirmation of Grant herein. It is also contended that there is no evidence that the properties belong to the Applicants or the Group through purchase or otherwise. 9.Regarding the Applicants’ contention as to the suit before the ELC court, the Respondents deny engaging in any fraudulent activities, adding that the Applicants have not caused hearing of the suit because they know that they have no good case. The Respondents inter alia aver that it is only the ELC court that has jurisdiction to determine matters as to ownership of land. 10.The Applicants put in a rejoinder by means of a Supplementary Affidavit, also sworn by the 1st Applicant. While reiterating their averments, they accuse the Respondents of usurping ownership of the parcels of land in issue which they insist belong to the Group. 11.The court is also informed that the E & LC has since delivered its Judgment in favour of the Applicants. The court’s verdict is said to vindicate the Group’s claim to the properties in dispute. 12.It would appear that only the Applicants filed submissions which I have considered against the rival affidavit evidence and the record. The court has also gained sight of the ELC’s Judgment dated 22/11/2024 in Nakuru ELC No. 185 of 2014 filed by the Applicants as adverted to hereinabove. The Applicants herein had moved the ELC for inter alia cancellation of Title Nos. Kiambogo/Miroreni Block 1/244 and Kiambogo/Miroreni Block 1/ 253 in the name of the Respondents’ deceased father on the ground that they were fraudulently transferred into his name. The court found in favour of the Applicants and cancelled the titles in the name of the deceased. Further, the court cancelled subdivisions created from the two titles together with the resultant titles and ordered them to revert to the names of Lydia Nyambura Kavivia and Phylis Wambui Wang’ondu. 13.It would appear that the cancelled subdivisions and sub titles from Title Nos. Kiambogo/Miroreni Block 1/244 and 253 are the 51 plots described as Kiambogo/Miroreni Block 1/3720 – 3770 the Applicants allude to in this Application. These parcels of land did not therefore form part of the deceased’s Estate herein available for transmission to lawful heirs. 14.Prayer 3 of the Summons dated 26/2/2024 is accordingly allowed. For avoidance of doubt, Grant of Letters of Administration dated 12/6/2017 and confirmed vide Certificate of Confirmation of Grant dated 10th May 2018 is revoked and/or annulled to the extent that the cancelled titles are purported to have been granted and/or transmitted to the named beneficiaries. 15.No order is made as to the costs of the Application. 16.Judgement accordingly. J. M. NANG’EA, JUDGE.JUDGEMENT DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 23RD DAY OF JUNE, 2026.In the presence of:Applicant’s Advocate, Ms Cherotich.Respondents’ Advocate, AbsentCourt Assistant (Jeniffer).J. M. NANG’EA, JUDGE.