In re Estate of Michael Christopher Wamalwa - Succession Cause 2569 of 2003 - Ruling

Aug 20, 2026

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Ruling in Kenya High Court succession cause concerning the estate of Michael Christopher Wamalwa, who died intestate in 2003. The matter addresses applications for stay of proceedings and for priority handling of confirmation-related summons pending resolution of related civil appeal proceedings. The court reviews parties’ affidavits and submissions, including disputes framed around ownership and registration of Karen properties, and applies legal standards governing stay of proceedings pending appeal.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

Background

Death intestate and estate administration

Applications and relief sought

Stay of proceedings pending appeal

Transfer request to Kakamega High Court

Submissions and opposing affidavits

Written submissions and replying affidavits

Analysis and determination

Conditions for stay pending appeal

Relevant case law framework

In re Estate ofMichael Christopher Wamalwa (Deceased) (Succession Cause 2569 of 2003) [2024] KEHC 1397 (KLR) (Family) ( 15 February 2024) (Ruling) Neutral citation: [2024] KEHC 1397 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 2569 OF 2003 HK CHEMITEI, J FEBRUARY 15, 2024 IN THE MATTER OF THE ESTATE OF HIS EXCELLENCY THE LATE MICHAEL CHRISTOPHER WAMALWA (DECEASED) BETWEEN DEREK LUKE MBOYA APPLICANT AND ALICE MUTHONI RESPONDENT AND MICHELLE NAFUNA WAMALWA INTERESTED PARTY RULING 1. This ruling relates to the a􀀦davit of protect against con􀀫rmation of grant and summons for stay of proceedings both dated 17th May, 2023 and 􀀫led by the Applicant/ Protestor, Derek Luke Mboya. They inter alia seek for orders that: a. Spent. b. This application be hereby dealt with in priority to summons for con􀀫rmation ofgrant dated 7th December, 2022 and 􀀫led by the Respondent. c. Pending the hearing and determination of Nairobi Civil Appeal No. E0239 of 2023: Derek Luke Mboya vAlice Muthoni Wamalwa & Another, all proceedings in this matter touching on the properties known as LR No. 10125/ 5 and LR No. 10125/ 6, Karen, Nairobi, includingthe Respondent’s summons for con􀀫rmation of grant dated 7th December, 2022, be hereby stayed. [https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1397/eng@2024-02-15](https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1397/eng@2024-02-15) 1 d. The costs for this application be provided for. 2. The application dated 2nd June, 2023 was 􀀫led by the Applicant, Yvonne Tanui, and the preliminary objection dated 28th June, 2023 was 􀀫led by the Respondents Sussy Khaadi Nandama and Nataly Narano Sumbi. 3. The application dated 2nd June, 2023 seeks for orders that: a. Spent. b. The honorable Judge be pleased to make orders transferring this cause from Nairobi to Kakamega High Court Family Division for hearing and determination. c. Costs be provided for. 4. The Applicant/ Protestor, in support of the applications above, has 􀀫led written submissions dated 14th July, 2023. 5. The applications above are supported by the Interested party’s replying a􀀦davit in support of the summons for stay ofproceedings dated 17th May, 2023 and a􀀦davit ofprotest against con􀀫rmation of grant both sworn by Michelle Nafuna Wamalwa, the Interested Party, on 8th August, 2023. 6. The applications above are opposed by replying a􀀦davit in opposition of the summons for stay of proceedings and a􀀦davit of protest against con􀀫rmation of grant sworn by Alice Muthoni, the Respondent, and respondent’s written submissions in opposition to the applicant’s summons for stay ofproceedings and a􀀦davit ofprotest against con􀀫rmation ofgrant. Background 7. This matter relates to the Estate of His Excellency the late Michael Christopher Wamalwa who died intestate on 23rd August, 2003. 8. The instant applications are as a result of ruling delivered by Judge A. O. Muchelule (as he then was), on 29th June, 2022 where, in dismissing the applicant’s preliminary objection, stated, “... What is clear is that the deceased died intestate. As for registration, the a􀀦davits of the respondent, the interested party, Hon. Moses Masika Wetangula, Hon. Cyrus Jirongo and correspondence from the Honourable the Attorney General all clearly show that the deceased was buying the properties, he had not completed the purchase when he died, and that, upon his death, the Government made an ex – gratia decision to pay the balance. This was an arrangement to honour the fallen Vice President. The widow of the deceased became registered when she became the administratrix of the estate of the deceased. In that capacity, under sections 79, 82 and 83 of the Law ofSuccession Act, she held the property on behalf of the estate of the deceased. It was not her property. It was never her property. This was the deceased’s free property. Such property belongs to the estate of the deceas

FAQs

What applications were brought before the court, and what orders were sought?

The ruling concerns applications for protection against confirmation processes and for stay of proceedings, including a request to have the cause dealt with with priority over summons for confirmation of grant and to stay related proceedings pending a civil appeal.

What is the underlying dispute in the succession cause?

The substratum involves the ownership and registration context of two Karen properties known as LR No. 10125/5 and LR No. 10125/6, with the appeal framed around whether there was any dispute as to ownership.

Why did the court consider stay of proceedings pending appeal?

The court assessed whether the established legal conditions for granting a stay pending appeal were met, referencing prior authorities that set out the relevant threshold and factors.

Aug 20, 2026

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