JEDIDA WAMBUI KARANJA & MARTIN THIRIMBU KARANJA LEGAL REPRESENTATIVES OF MARY NJOKI KARANJA (DECEASED) V. ESTHER NJOKI NDIRANGU & AMOS KINUTHIA NDIRANGU LEGAL REPRESENTATIVES OF PETER NDIRANGU KINUTHIA (DECEASED)

RULING OF THE COURT

This ruling determines a motion on notice dated 22nd February 2019 by the two applicants, Jedidah Wambui Karanja and Martin Thirimbu Karanja, the legal representatives of Mary Njoki Karanja, deceased, (Mary), seeking review and rescission of the judgment of this Court (Kiage, M’Inoti and Murgor, JJ.A) delivered on 8th February 2019. By that judgment, the Court upheld the judgment of the High Court (Waweru, J.) in which the learned judge ordered the applicants to vacate LR No. Muguga/Gitaru/1705 within 14 days from the date of the judgment of the High Court and to deliver vacant possession thereof to Peter Ndirangu Kinuthia (Peter), who is since deceased and is represented in this application by the his personal representatives, Esther Njoki Ndirangu and Amos Kinuthia Ndirangu (the respondents). The learned judge also awarded the deceased damages of Kshs. 800,000.00 for wrongful and violent eviction from his land, as well as costs of the suit.

Before we consider the m…