In re Estate of Naomi Nyakio Pearce alias Naomi Nyakio Kitamuni (Deceased) (Succession Cause E036 of 2021) [2026] KEHC 1218 (KLR) (5 February 2026) (Directions)

REPUBLIC OF KENYA IN THE HIGH COURT AT KAJIADO FAMILY DIVISION SUCCESSION CAUSE NO. E036 OF 2021 IN THE MATTER OF THE ESTATE OF NAOMI NYAKIO PEARCE Alias NAOMI NYAKIO KITAMUNI (DECEASED) MARY WAIRIMU LISINGU JOYCE NAILANTEL LESINGO SAMUEL NAMPASO LESINKO……………………. ADMINISTRATORS VERSUS DAVID WILLIAM ARTHUR……………………………………… OBJECTOR DIRECTIONS 1. Due for delivery today was the judgment in relation to the Objection dated 28.10.2021 and two applications by the administrators/ executors dated 6.11.2023 and 12.12.2023. The related viva voce hearing in respect of the objection and applications having commenced on 2.10.2024 before Mutuku J. was adjourned to 14.01.2025, by which date Mutuku J. had proceeded on transfer. Only the executors Directions Succession Cause E036 of 2021 3 had called one witness by that date. The record shows that the witness adopted the affidavits filed by the administrators/ executors in response to the Objection and in support of their applications as part of her evidence-in-chief and was thereafter cross-examined by the Objector. 2. Having taken over this matter, I directed on 24.03.2025 that further hearing resume on 15.05.2025 upon counsel for the administrators/executors, Mr. Njagi, having informed the court that “only the cross-examination of the objector was outstanding”. Indeed on 15.05.2025 the said Objector presented himself and was cross-examined. 3. Thereafter, submissions were filed, and a ruling date reserved. It was only as I prepared to write the decision that I noted from the handwritten notes by Mutuku J. of 2.10.2024 that, in fact the Objector had never given his evidence- in- chief and therefore had not adopted his evidence as contained in his various affidavits on the record. This is a serious omission, which if not promptly addressed could occasion prejudice to the Objector who has been acting in person. Directions Succession Cause E036 of 2021 3 4. In the circumstances, acting suo motu, this court will postpone its decision and re-open the matter to enable the Objector consider his affidavits on record both in this case and in Nairobi family Miscellaneous Cause No: E120 of 2021 (which was earlier transferred to this court and housed in the instant file ) and to make a determination as to which affidavits he will adopt as his evidence -in -chief. In fairness and in the interest of justice, the court will allow the administrator/ executors’ counsel to cross-examine the Objector, if he so desires. DELIVERED AND SIGNED ELECTRONICALLY AT KAJIADO ON THIS 5TH DAY OF FEBRUARY 2026. C.MEOLI JUDGE In the presence of: For the Administrators/ Executors: Ms. Kirunja h/b for Mr. Njagi Objector: in person C/A: Lepatei Directions Succession Cause E036 of 2021 3