The High Court has stopped the sale of a prime property in Eldoret and revoked a further partial confirmed grant in the estate of the late senior advocate Paul Gicheru Njoroge, after finding that key succession proceedings were conducted in violation of the right to a fair hearing.
In a ruling delivered on December 18, 2025, Justice Helene R. Namisi held that orders issued on July 31, 2024 authorising the sale of land parcel Eldoret Municipality/Block 13/542 were procedurally flawed and made without notifying an objector who had an active claim before the court.
The dispute involves the deceased’s widow, Ruth Nyambura Wokabi, and her sons Allan Njoroge Gicheru and Alvin Kamau Gicheru, on one side, and Ian Njoroge on the other. Ian claims to be a son of the deceased and a beneficiary of the estate, arguing— with the support of the deceased’s mother— that the contested Eldoret property had been gifted to him during the deceased’s lifetime.
The court found that Ian was denied an opportunity to be heard after the matter proceeded on July 31, 2024, despite his presence in court two days earlier when the case was adjourned because the court file was unavailable. Justice Namisi noted that there was no evidence showing that the applicant had been served with a hearing notice for the July 31 proceedings.
“The order allowing the sale of the land was an ex parte order disguised as an inter partes ruling,” the judge stated. She added that confirming a grant over a disputed asset before determining a pending objection was “procedurally absurd.”
The court further held that the failure to disclose the existence of an active objection amounted to concealment of material facts, warranting revocation of the grant under Section 76 of the Law of Succession Act.
In granting an injunction, the judge noted that the applicant had produced a birth certificate naming the deceased as his father, which constituted prima facie evidence of paternity. The court dismissed reliance on a funeral programme that excluded the applicant, holding that such documents carry no legal weight when weighed against official statutory records.
Although the respondents argued that the sale of the property was necessary to raise university fees for their children studying in the United Kingdom, the court ruled that financial needs could not override the constitutional right to a fair hearing. Justice Namisi also observed that the estate had other undisputed assets that could be sold if necessary.
“The balance of convenience tilts in favour of preserving the status quo until the dispute is resolved,” the judge ruled.
The court consequently set aside the proceedings of July 31, 2024, revoked the further partial confirmed grant relating to the Eldoret property, and issued an injunction restraining any sale, transfer, or other dealings with the land pending determination of the applicant’s objection.
