REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA AT NYAHURURU.

PROBATE & ADMNISTRATION
HCFPA 092 OF 2019.
IN THE ESTATE OF WANGUI WAKAHE alias BETH WANGUI KAHE [DECEASED].
TERESIA WANJIRU MWANIKI--------------------------------------------------------1ST APPLICANT
THOMAS MAINA MWANIKI----------------------------------------------------------2ND APPLICANT
JOHN NGUGI NGANGA---------------------------------------------------------------3RD APPLICANT
-VERSUS-
CHARLES MACHARIA MAGONDU--------------------------1ST ADMINISTRATOR / RESPONDENT
DANIEL WAKAHE MAGONDU ------------------------------2ND ADMNISTRATOR / RESPONDENT

NOTICE OF CHANGE OF ADVOCATES.

TAKE NOTICE that the 1st Applicant herein, TERESIA WANJIRU MWANIKI, has appointed the
firm of Messers Muchangi Patrick & Associates, Advocates, Mbaria Complex, 1st Floor, Room
09. Email: muchangi@lawyer.com. Cell phone : 0722 878 607,in place of Messers. Wichungo
Martin & Co. Advocates previously on record the 1st Applicant.

FURTHER TAKE NOTICE that all future correspondence should be addressed to the under-noted
Advocates.
DATED at Nyahururu on this 07th day of May, 2024.

-MUCHANGI. MP-.
For. MUCHANGI PATRICK & ASSOCIATES,
ADVOCATES FOR THE APPLICANTS
DRAWN & FILED BY:-
Muchangi Patrick & Associates, Advocates.
(Mbaria Hse, 1stFlr, Suite 09). NYAHURURU.
(254)722 878 607 /0736 358 938.
muchangi@lawyer.com.

TO BE SERVED UPON :-
Waichungo Martin & Co Advocates,
Mbaria Hse, 2nd Flr, Room 49.
NYAHURURU.
Tel: 0720-765 813 / 0705 679 320
Email : martogit@yahoo.com.
 REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT NYAHURURU.
PROBATE & ADMNISTRATION
HCFPA 092 OF 2019.
IN THE ESTATE OF WANGUI WAKAHE alias BETH WANGUI KAHE [DECEASED].

TERESIA WANJIRU MWANIKI--------------------------------------------------------1ST APPLICANT

THOMAS MAINA MWANIKI----------------------------------------------------------2ND APPLICANT
JOHN NGUGI NGANGA---------------------------------------------------------------3RD APPLICANT
SAMUEL KINGORI MWAI------------------------------------------------------------4TH APPLICANT
ISHMAEL KITHINGI MATHIU---------------------------------------------------------5TH APPLICANT
PATRICK KIUMBUKU RUHIU---------------------------------------------------------6TH APPLICANT
STEPHN KIMAMANI KIBANYU-------------------------------------------------------7TH APPLICANT
JOSEPH MWANGI MAINGI-----------------------------------------------------------8TH APPLICANT
VIRGINIA MUTHONI WANJOHI -----------------------------------------------------9TH APPLICANT
BETH MUTHONI MATHORI---------------------------------------------------------10TH APPLICANT
PAUL ZENDEU -----------------------------------------------------------------------11TH APPLICANT
MBUURU KIIRU ----------------------------------------------------------------------12TH APPLICANT
BENSON WAMBUI-------------------------------------------------------------------13TH APPLICANT
JOHN KOBE---------------------------------------------------------------------------14TH APPLICANT
FRANCIS WAWERU------------------------------------------------------------------15TH APPLICANT
PETER NDONGA KARIUKI -----------------------------------------------------------16TH APPLICANT
JOHN MWANGI----------------------------------------------------------------------17TH APPLICANT
JANE GATHERU----------------------------------------------------------------------18TH APPLICANT
VERONICA KIGOTHO----------------------------------------------------------------19TH APPLICANT
-VERSUS-
CHARLES MACHARIA MAGONDU-------------------------1ST ADMINISTRATOR / RESPONDENT
DANIEL WAKAHE MAGONDU -----------------------------2ND ADMNISTRATOR / RESPONDENT

CERTIFICATE OF URGENCY.
I, MUCHANGI PATRICK an Advocate of the High Court Kenya do hereby certify that this matter
as of utmost urgency and the same should be heard on a priority basis as:-
 a) The Applicants are cestui que trust of the estate of the deceased which comprise the
parcels of land L.R. LAIKIPIA/LARIAK/2, measuring approximately 7.5 hectares (hereinafter
referred to as the “subject land”), as wells LR. LAIKIPIA/SIPILI/ 1456 measuring approx..5
Acres.

b) Respondents herein deliberately failed to disclose to the honorable of the existence of

Applicants interest of the subject land interest at the time of applying for the Grant of Letters
of Administration as well while applying for the Orders dated 25.04.2024 which ordered for
the demarcation of the subject land without taking into account the Applicants’ interests.

c) If the Order dated 25. 04.2024 is not vacated and the demarcation Certificate of L.R.
LAIKIPIA/LARIAK/2 is conducted per the of Confirmation of Grant dated 23.06. 2015 , based
on the flawed Grant the Applicants will suffer irreparable harm that cannot be adequately
compensated in damages in the event of eviction and / or desecration of the deceased in
cause burial site as well as those of MOSES KARIUKI WAKAHE (deceased) and BERRETA
WANJIKU MWANIKI (deceased) buried on disputed portions of the subject land.

d) It is thus in the interest of justice that Honourable Court orders that the Respondents puts a
stop to the intended demarcation exercise to comprehensive resurveying of the subject land
to identify the respective beneficial interests to deter re-litigation of this matter and to
preserve the substratum of this cause.

DATED at Nyahururu on this 07th day of May, 2024.

-MUCHANGI. MP-.
For. MUCHANGI PATRICK & ASSOCIATES,
ADVOCATES FOR THE APPLICANTS.

DRAWN & FILED BY:-

Muchangi Patrick & Associates, Advocates.
(Mbaria Hse, 1stFlr, Suite 09). NYAHURURU.
(254)722 878 607 /0736 358 938.
muchangi@lawyer.com.
 REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT NYAHURURU.
PROBATE & ADMNISTRATION
HCFPA 092 OF 2019.
IN THE ESTATE OF WANGUI WAKAHE alias BETH WANGUI KAHE [DECEASED].

TERESIA WANJIRU MWANIKI--------------------------------------------------------1ST APPLICANT

THOMAS MAINA MWANIKI----------------------------------------------------------2ND APPLICANT
JOHN NGUGI NGANGA---------------------------------------------------------------3RD APPLICANT
SAMUEL KINGORI MWAI------------------------------------------------------------4TH APPLICANT
ISHMAEL KITHINGI MATHIU---------------------------------------------------------5TH APPLICANT
PATRICK KIUMBUKU RUHIU---------------------------------------------------------6TH APPLICANT
STEPHN KIMAMANI KIBANYU-------------------------------------------------------7TH APPLICANT
JOSEPH MWANGI MAINGI-----------------------------------------------------------8TH APPLICANT
VIRGINIA MUTHONI WANJOHI -----------------------------------------------------9TH APPLICANT
BETH MUTHONI MATHORI---------------------------------------------------------10TH APPLICANT
PAUL ZENDEU -----------------------------------------------------------------------11TH APPLICANT
MBUURU KIIRU ----------------------------------------------------------------------12TH APPLICANT
BENSON WAMBUI-------------------------------------------------------------------13TH APPLICANT
JOHN KOBE---------------------------------------------------------------------------14TH APPLICANT
FRANCIS WAWERU------------------------------------------------------------------15TH APPLICANT
PETER NDONGA KARIUKI -----------------------------------------------------------16TH APPLICANT
JOHN MWANGI----------------------------------------------------------------------17TH APPLICANT
JANE GATHERU----------------------------------------------------------------------18TH APPLICANT
VERONICA KIGOTHO----------------------------------------------------------------19TH APPLICANT
-VERSUS-
CHARLES MACHARIA MAGONDU-------------------------1ST ADMINISTRATOR / RESPONDENT

DANIEL WAKAHE MAGONDU -----------------------------2ND ADMNISTRATOR / RESPONDENT.

 SUMMONS.
(Under Sections 47 and 74 of the Laws of Succession Act (Cap 160) Laws of Kenya and
Rules 43 and 73 of the Probate and Administration Rules and any other provisions of the Law
applicable.)

LET ALL PARTIES concerned attend the Honorable Judge in Chambers on the day of 2024
at 09:00 O’clock in the forenoon or soon thereafter on the hearing of an application by the
APPLICANTS / PROTESTORS for ORDERS:-

1. THAT this Application be certified urgent and service be dispensed with in the first instance.

2. THAT the Orders of the Honorable Court issued on 25.04.2024 and consequences thereof
be stayed/ varied / set aside

3. THAT the Honorable Court be pleased to grant an interim injunction restraining the
Respondents, either by themselves, servants, employees, agents or any other body or
authority from carrying out the surveying/ demarcation exercise on the parcel of land LR.
LAIKIPIA/ LARIAK / 2 for purposes of implementing the terms of Grant of Letters of
Administration issued on 15.07.2014 and confirmed on 23.07.2015, pending the inter parties
hearing this Application.

4. THAT the Honorable Court be pleased to grant an interim injunction restraining the
Respondents, either by themselves, servants, employees, agents or any other body or
authority from carrying out the surveying/ demarcation exercise on the parcel of land LR.
LAIKIPIA/ LARIAK / 2 for purposes of implementing the terms of Grant of Letters of
Administration issued on 15.07.2014 and confirmed on 23.07.2015, pending the hearing and
determination this Application.

5. THAT the Honorable Court be pleased to grant an temporary injunction restraining the
Respondents, either by themselves, servants, employees, agents or any other body or
authority from interfering with Applicants peaceful occupation of their respective portions
comprising the parcel of land LR. LAIKIPIA/ LARIAK / 2 for purposes of implementing the
terms of Grant of Letters of Administration issued on 15.07.2014 and confirmed on
23.07.2015, pending the hearing and determination this Application.
 6. THAT the Grant of Letters of Administration issued on issued on 15.07.2014 and confirmed
on 23.07.2015 be revoked / annulled as the same was obtained through deliberate non
disclosure of Applicants’ interests, omission of part of the Estate i.e parcel of land LR.
LAIKIPIA/SIPILI/1456 forming part of deceased’s Estate and lack of diligence by the
Respondents in completing distribution of the Estate for nearly a decade.

7. THAT the Honorable Court be pleased to grant an Order directing the Respondents to
initiate and diligently pursue Summons for Rectification of Grant of Letters of
Administration issued on 15.07.2014 and confirmed on 23.07.2015 to include the Applicants’
interest herein as well the parcel of land LAIKIPIA/SIPILI/1456 forming part of the Estate.

8. THAT the Honorable Court be pleased to grant an Order a mandatory injunction and an
Order of Specific Performance compelling the Respondents to necessitate the distribution
of all the beneficiaries and to furnish all relevant documents necessary for successful
transmission of the bequeathed and/ or purchased portions of the parcel of land LR.
LAIKIPIA/ LARIAK / 2

9. THAT there be no orders as to costs of this Application be borne by the Respondents.

AND WHICH APPLICATION is supported on the annexed affidavit of THOMAS MAINA MWANIKI
& JOHN NGUGI NGANGA the nature of the cause and on the following grounds inter alia:-

1) The Applicants are cestui que trust of the estate of the deceased which comprise the
parcels of land L.R. LAIKIPIA/LARIAK/2, measuring approximately 7.5 hectares
(hereinafter referred to as the “subject land”), as wells LR. LAIKIPIA/SIPILI/ 1456
measuring approx..5 Acres.

2) The Respondents herein are the Administrators of the deceased Estate vide the Grant of
Letters of Administration issued on 15.07.2014 and confirmed on 23.07.2015.

3) Prior to her death, the deceased in this cause, WANGUI WAKAHE alias BETH WANGUI
KAHE subdivided the subject land among her children with each of her two son’s houses,
MOSES KARIUKI WAKAHE (deceased) and STEPHEN MWANIKI WAKAHE (deceased)
receiving four (4) acre each.
4) The 1st Applicant, TERESIA WANJIRU MWANIKI, is the widow to STEPHEN MWANIKI
WAKAHE (deceased), and mother to THOMAS MAINA MWANIKI the 2nd Applicant
herein, and the rightful beneficiary of parcel of land marked as PLOT No. 37 Measuring
Approx 4 Acres.

5) The 3rd Applicant, JOHN NGUGI NGANGA is the son to MOSES KARIUKI WAKAHE
(deceased) and BERRETA WANJIKU MWANIKI (deceased) the rightful beneficiary of
parcel of land marked as PLOT No. 38 Measuring Approx 4 Acres.

6) The deceased in this cause, as well as BERRETA WANJIKU MWANIKI (deceased) and
MOSES MWANIKI, are buried on PLOT no. 38 gifted to them by the deceased inter vivos.
The proposed demarcation, based on the flawed Grant, would desecrate their burial site,
including that of the WANGUI WAKAHE alias BETH WANGUI KAHE (deceased).

7) The 4th - 10th Applicants purchased portions of the subject land from BERRETA
WANJIKU MWANIKI, widow to STEPHEN MWANIKI WAKAHE (deceased) who passed
on before effecting registration in favour of the 4th-10th Applicants.

8) The 11th - 19th Applicants purchased portions of the subject land from TERESIA
WANJIRU MWANIKI’ who has however been unable to cause registration of the same in
their favor due to lack of diligence by the Respondents in completion distribution of the
estate for over a decade without good cause.

9) The 1st Applicant was unfairly implicated in the Summons by the 33 protestors who
claimed she, along with BERRETA WANJIKU MWANIKI (deceased), had sold portions of
the subject land.

10) Despite these serious allegations, neither TERESA WANJIRU MWANIKI nor BERRETA
WANJIKU MWANIKI (deceased) representatives accorded an opportunity to respond,
more so to authenticate the sale agreements purportedly issued executed by them in favor
of the 33 protestors.

11) The Respondents, in a bid to manipulate the situation, misled the court by pushing through
a 'Consent' aimed at unjustly depriving the Applicants of their rightful interests in the land.
This deliberate misrepresentation of facts by the Respondents, combined with the blatant
disregard for due process, necessitates a thorough review of the Orders issued on
25.04.2024.
12) In addition, the Respondents/Administrators, CHARLES MACHARIA MAGONDU and
DANIEL WAKAHE MAGONDU, completely excluded the Applicants during and after the
Grant application and subsequent confirmation on 23.06. 2015. The confirmed Grant
makes no mention of the Applicants’ interest.

13) The Respondents further neglected to disclose the Applicants’ interest to the Court when
obtaining the Order for demarcation of the subject land dated 25.04. 2024.

14) The Administrators entered into a consent agreement with 33 protestors but failed to
disclose the present Applicants' interests. This agreement raises serious concerns about
transparency and fairness in the administration of the Estate.

15) If the Order dated 25.04. 2024 remains in effect, and the demarcation proceeds based on
the flawed Grant, the Applicants will suffer irreparable harm. They face eviction from their
lands, occupied and developed for over a decade.

16) The proposed demarcation, based on the inaccurate Grant, may also lead to the
exhumation of the deceased and the 2nd Applicant’s parents, buried on portions of the land
unlawfully sold by the Respondents.

17) The revelation that part of the subject land remains undistributed for over a decade after
confirmation of Grant, coupled with the Respondents deliberate omission the parcel of
land known as LR.LAIKIPIA/SIPILI/1456, measuring approximately 5 acre forming part of
the estate warrants redistribution distribution process.

18) The 1st Applicant, TERESA WANJIRU MWANIKI, a daughter of the deceased, was not
accorded a fair hearing despite being adversely mentioned in the application by the 33
protestors. They claimed she, along with BERRETA WANJIKU MWANIKI (deceased), had
sold portions of the subject land. This lack of due process is a fundamental breach of justice.

19) The County Surveyor's Report also reveals that other beneficiaries, including the
Administrators themselves, have been intermeddling with the Estate by disposing of
portions of the subject land to third parties before the confirmation of the Grant in breach
of their fiduciary duty to the Applicants as the cestui que trust

20) The Applicants shall at the opportune time seek for a locus in quo with a view of the Court
buttressing our assertions as well the findings of the County Surveyor.
 21) The Administrators' act of selling portions of the Estate before confirmation constitutes a
breach of their fiduciary duty. As trustees of the deceased's Estate, they are obligated to
act in the best interests of the Estate, and selling assets before confirmation goes against
this obligation.
22) It is in the interest of justice, considering the totality of the circumstances presented :
a. The Grant issued on 2015 should be rectified and/ or revoked to address the
fundamental flaws and ensure a fair distribution. (Alternatively)

b. The Grant should be rectified to include the Applicants' rightful ownership

and reflect the omitted Estate asset (LR.LAIKIPIA/SIPILI/1456).

23) A fair and transparent process is required to distribute the Estate definitively, taking into
account the interests of all rightful beneficiaries, including the Applicants. This will finally
resolve the decade-long litigation surrounding the Estate.

24) The balance of convenience lies in the grant of the Orders sought in order to have the
entire subject land demarcated afresh with a view of identifying the specific interests
claimed taking into account the interest of the Applicants herein for the fair administration
of the Estate expediently.

25) In the circumstances, it is in the interest of justice that the Honourable Court orders that
the Respondents herein only demarcate the suit property in consideration of ALL
BENEFICIARIES, including the Applicants herein and consequently effect the necessary
transfers to enable the Applicants be registered as the lawful proprietors of the subject
parcels of land.

DATED at Nyahururu on this 08th day of May, 2024.

-MUCHANGI. MP-.
For. MUCHANGI PATRICK & ASSOCIATES,
ADVOCATES FOR THE APPLICANTS
DRAWN & FILED BY:-
Muchangi Patrick & Associates, Advocates.
Mbaria Hse, 1stFlr, Suite 09). NYAHURURU.
(254)722 878 607 /0736 358 938.
muchangi@lawyer.com.
TO BE SERVED UPON :
1. Njuguna Kamanga & Co Advocates,
Busara V.C Building,
NYAHURURU.
Tel : 0722 778 873

2. Njoki Muriithi & Co Advoates,

Mima Centre Building,
NYAHURURU.
Tel : 0722 598 209.
Email: njokimureithiadvocates@gmail.com
 REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT NYAHURURU.
PROBATE & ADMNISTRATION
HCFPA 092 OF 2019.
IN THE ESTATE OF WANGUI WAKAHE alias BETH WANGUI KAHE [DECEASED].

TERESIA WANJIRU MWANIKI--------------------------------------------------------1ST APPLICANT

THOMAS MAINA MWANIKI----------------------------------------------------------2ND APPLICANT
JOHN NGUGI NGANGA---------------------------------------------------------------3RD APPLICANT
SAMUEL KINGORI MWAI------------------------------------------------------------4TH APPLICANT
ISHMAEL KITHINGI MATHIU---------------------------------------------------------5TH APPLICANT
PATRICK KIUMBUKU RUHIU---------------------------------------------------------6TH APPLICANT
STEPHN KIMAMANI KIBANYU-------------------------------------------------------7TH APPLICANT
JOSEPH MWANGI MAINGI-----------------------------------------------------------8TH APPLICANT
VIRGINIA MUTHONI WANJOHI -----------------------------------------------------9TH APPLICANT
BETH MUTHONI MATHORI---------------------------------------------------------10TH APPLICANT
PAUL ZENDEU -----------------------------------------------------------------------11TH APPLICANT
MBUURU KIIRU ----------------------------------------------------------------------12TH APPLICANT
BENSON WAMBUI-------------------------------------------------------------------13TH APPLICANT
JOHN KOBE---------------------------------------------------------------------------14TH APPLICANT
FRANCIS WAWERU------------------------------------------------------------------15TH APPLICANT
PETER NDONGA KARIUKI -----------------------------------------------------------16TH APPLICANT
JOHN MWANGI----------------------------------------------------------------------17TH APPLICANT
JANE GATHERU----------------------------------------------------------------------18TH APPLICANT
VERONICA KIGOTHO----------------------------------------------------------------19TH APPLICANT
-VERSUS-
CHARLES MACHARIA MAGONDU-------------------------1ST ADMINISTRATOR / RESPONDENT
DANIEL WAKAHE MAGONDU -----------------------------2ND ADMNISTRATOR / RESPONDENT
 AFFIDAVIT IN SUPPORT OF SUMMONS FOR RECTIFICATION OF GRANT.

We, THOMAS MAINA MWANIKI and JOHN NGUGI NGANGA residents of Nguria within Laikipia
County in the Republic of Kenya, do hereby swear and solemnly affirm as follows:

1. THAT we are the 2nd and 3rd Applicants herein and duly authorized by the Co-applicants
to swear this Affidavit on their behalf. (A copy of the Authority to Swear, Plead and Act
dated 07.05.2024 is attached hereto and marked as annexure “BWK-1”).

2. THAT the parcel of land L.R. LAIKIPIA/LARIAK/2, measuring approximately 7.5 hectares
(hereinafter referred to as the “subject land”), is registered to WANGUI WAKAHE alias BETH
WANGUI KAHE (deceased). (A copy of the Title Deed issued on 09.06.1996 is attached
hereto and marked as annexure “BWK-2”).

3. THAT further to the above, the County Surveyor's Report dated 20.09.2023 (marked
“BWK-3”) reveals a variance of 0.8 hectares. This discrepancy will significantly affect the
eventual share allocation to beneficiaries, potentially leading to future disputes.

4. THAT prior to her death, the deceased in this cause, WANGUI WAKAHE alias BETH WANGUI
KAHE subdivided the subject land among her children with each of her two son’s houses,
MOSES KARIUKI WAKAHE (deceased) and STEPHEN MWANIKI WAKAHE (deceased)
receiving four (4) acre each. (Copies of the Minutes dated 28.12.2004 and deed of disposition
dated 18.06.2007 are attached hereto and marked as “BWK-4”.)

5. THAT we have been unable to obtain original copies of the above document as the same are
in possession of the Respondents who have declined to produce despite request from us.

6. THAT the 1st Applicant, TERESIA WANJIRU MWANIKI, is the widow to STEPHEN
MWANIKI WAKAHE (deceased), and mother to THOMAS MAINA MWANIKI the 2nd
Applicant herein, and the rightful beneficiary of parcel of land marked as PLOT No. 37
Measuring Approx 4 Acres. Annexed hereto are copies of the Consent to Confirmation
Grant dated 20.02.1015 and marked as BWK-5”

7. THAT the 3rd Applicant, JOHN NGUGI NGANGA is the son to MOSES KARIUKI WAKAHE
(deceased) and BERRETA WANJIKU MWANIKI (deceased) the rightful beneficiary of parcel
of land marked as PLOT No. 38 Measuring Approx 4 Acres.
8. THAT BERRETA WANJIKU MWANIKI (deceased) and MOSES MWANIKI, are buried on
PLOT no. 38 of gifted to them by the deceased inter vivos. The proposed demarcation,
based on the flawed Grant, would desecrate their burial site, including that of the WANGUI
WAKAHE alias BETH WANGUI KAHE (deceased). (Annexed hereto are copies of the Eulogy
and Burial PermitS marked “BWK-6A. 6B,& 6C”

9. THAT the said WANGUI WAKAHE alias BETH WANGUI KAHE (deceased) passed on
before completing registration of the respective parcels in favor of BERRETA WANJIKU
MWANIKI (deceased) and TERESIA WANJIRU MWANIKI.

10. THAT the 4th - 10th Applicants purchased portions of the subject land from BERRETA
WANJIKU MWANIKI, widow to STEPHEN MWANIKI WAKAHE (deceased) who passed on
before effecting registration in favour of the 4th-10th Applicants. (Annexed hereto are copies
of the Land Sale Agreements marked “BWK-7A”, “7B”,”7C”, “7D”, “7E” & “7F”

11. THAT the 11th - 19th Applicants purchased portions of the subject land from TERESIA
WANJIRU MWANIKI’ who has however been unable to cause registration of the same in
their favor due to lack of diligence by the Respondents in completion distribution of the estate
for over a decade without good cause(Annexed hereto are copies of the Land Sale
Agreements marked “BWK-8A”, “8B”,”8C”, “8D”, “8E” & “8F”

12. THAT TERESA WANJIRU MWANIKI and BERRETA WANJIKU MWANIKI (deceased were
unfairly implicated in the Summons by the 33 protestors who claimed that TERESA WANJIRU
MWANIKI and BERRETA WANJIKU MWANIKI (deceased) and/ or their spouses had sold
portions of the subject land, without according the latter an opportunity to respond and/
authenticate the alleged agreements of sale.

13. THAT the Respondents, in a bid to manipulate the situation, misled the court by pushing
through a 'Consent' aimed at unjustly depriving the Applicants of their rightful interests in the
land. This deliberate misrepresentation of facts by the Respondents, combined with the
blatant disregard for due process, necessitates a thorough review of the Orders issued on
25.04.2024

14. THAT in addition, the Respondents/Administrators, CHARLES MACHARIA MAGONDU and

DANIEL WAKAHE MAGONDU, completely excluded the Applicants during and after the
Grant application and subsequent confirmation on 23.06. 2015. The confirmed Grant (marked
“BWK-9”) makes no mention of the Applicants’ interest.
15. THAT the Respondents further neglected to disclose the Applicants’ interest to the Court
when obtaining the Order for demarcation of the subject land dated 25.04. 2024 (Marked as
annexure “BWK-10”).

16. THAT the Administrators entered into a consent agreement with 33 protestors but failed to
disclose the present Applicants' interests. This agreement raises serious concerns about
transparency and fairness in the administration of the Estate.

17. THAT If the Order dated 25.04. 2024 remains in effect, and the demarcation proceeds based
on the flawed Grant, the Applicants will suffer irreparable harm. They face eviction from their
lands, occupied and developed for over a decade.

18. THAT the proposed demarcation, based on the inaccurate Grant, may also lead to the
exhumation of the deceased and the 2nd Applicant’s parents, buried on portions of the land
unlawfully sold by the Respondents.

19. THAT the revelation that part of the subject land remains undistributed for over a decade
after confirmation of Grant, coupled with the Respondents deliberate omission the parcel of
land known as LR.LAIKIPIA/SIPILI/1456, measuring approximately 5 acre forming part of
the estate warrants redistribution distribution process.

20. THAT the 1st Applicant, TERESA WANJIRU MWANIKI, a daughter of the deceased, was not
accorded a fair hearing despite being adversely mentioned in the application by the 33
protestors. They claimed she, along with BERRETA WANJIKU MWANIKI (deceased), had
sold portions of the subject land. This lack of due process is a fundamental breach of justice.

21. THAT the County Surveyor's Report also reveals that other beneficiaries, including the
Administrators themselves, have been intermeddling with the Estate by disposing of portions
of the subject land to third parties before the confirmation of the Grant.

22. THAT the Applicants shall at the opportune time seek for a locus in quo with a view of the
Court buttressing our assertions as well the findings of the County Surveyor.

23. THAT the Administrators' act of selling portions of the Estate before confirmation constitutes
a breach of their fiduciary duty. As trustees of the deceased's Estate, they are obligated to act
in the best interests of the Estate, and selling assets before confirmation goes against this
obligation.
 24. THAT It is in the interest of justice, considering the totality of the circumstances presented:
a) The Grant issued on 2015 should be rectified and/ or revoked to address the
fundamental flaws and ensure a fair distribution. (Alternatively)

b) The Grant should be rectified to include the Applicants' rightful ownership and reflect
the omitted Estate asset (LR.LAIKIPIA/SIPILI/1456).

25. THAT a fair and transparent process is required to distribute the Estate definitively, taking
into account the interests of all rightful beneficiaries, including the Applicants. This will finally
resolve the decade-long litigation surrounding the Estate.

26. THAT the balance of convenience lies in the grant of the Orders sought in order to have the
entire subject land demarcated afresh with a view of identifying the specific interests claimed
taking into account the interest of the Applicants herein for the fair administration of the
Estate expediently.

27. THAT what is deponed to herein is true to the best of our knowledge, information, and belief.

SWORN at NYAHURURU )

On this 08th day of May, 2024. )

By the said : )

THOMAS MAINA MWANIKI : ) ----------------------------------

)
JOHN NGUGI MACHARIA : ) ----------------------------------
)
BEFORE ME : )
)
)
)
COMMISSIONER FOR OATHS )

DRAWN & FILED BY:-

Muchangi Patrick & Associates, Advocates.
Mbaria Hse, 1stFlr, Suite 09.
NYAHURURU.
(254)722 878 607 /0736 358 938.
muchangi@lawyer.com.
TO BE SERVED UPON :
3. Njuguna Kamanga & Co Advocates,
Busara V.C Building,
NYAHURURU.
Tel : 0722 778 873

4. Njoki Muriithi & Co Advocates,

Mima Centre Building,
NYAHURURU.
Tel : 0722 598 209.
Email: njokimureithiadvocates@gmail.com