Githuka v Githinji (Civil Case E366 of 2023) [2026] KEMC 195 (KLR) (25 June 2026) (Judgment) Neutral citation: [2026] KEMC 195 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS CIVIL CASE E366 OF 2023 PA NDEGE, SPM JUNE 25, 2026 BETWEEN STEPHEN MBUGUA GITHUKA ............................................................. PLAINTIFF AND ESTHER WACHEKE GITHINJI ........................................................... DEFENDANT JUDGMENT 1. The Plaintifi herein moved this court vide a Plaint dated 06/07/2023 wherein he sought a restraining order against the defendant, restraining her from threatening to harm, visiting and or contacting him, his family members and employees, and or communicating with him, his family members and employees. 2. The Defendant filed a Defence and a Counter Claim dated 18/10/2023 wherein she sought a permanent restraining order against the Plaintifi from contacting her family members, herself, her children, her tenants, her agents situated at LR No. 1317/195 through himself or his agents whatsoever. She also sought an order that the OCS Gilgil Police Station be ordered to ensure compliance of the order she sought herein. she further prayed that the plaintifi does meet the costs of the suit herein. 3. It is common ground herein that the parties herein are involved in a protracted property and/or succession dispute involving the properties of the plaintifi’s late brother-in-law. The Defendant insists that she was married to the plaintifi’s brother in law, after the death of the plaintifi’s sister. The plaintifi disputes that. I will not go far into the dispute as I need to protect the privacy of the parties herein. Further, and as correctly submitted by the learned counsel for the plaintifi, despite several documents relating to properties and/or succession disputes filed herein, this is not a land or a family court. 4. The parties herein have, in the course of the disputes, inappropriately communicated with each other and I thus see no need to deny them the restraining orders sought against each other herein. I have further failed to find a defence to the Counterclaim in the file herein. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/195/eng@2026-06-25 1
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5. 6. Be that as it may, because of the allegation leveled herein, I do hereby issue the permanent restraining orders sought in the cross-suits herein as follows: a. A permanent restraining order is hereby issued restraining the defendant from threatening to harm, visiting and or contacting the plaintifi, his family members and employees, communicating with him, his family members and employees. b. A permanent retraining order is hereby issued against the plaintifi, restraining him from contacting the defendant’s family members, herself, her children, her tenants, her agents situated at LR No. 1317/195 through himself or his agents whatsoever, subject to any other contrary order issued in an appropriate suit relating to the LR No. 1317/195 in an appropriate from, through himself or his agent whatsoever. c. The OCS Gilgil Police Station is ordered to ensure compliance of the above orders. d. Both parties to bear own costs. For avoidance of doubt, the permanent order in (b) above, is SUBJECT to any contrary order that might be issued or granted in an appropriate forum either an ELC or in a Family court relating to the property and or succession/family issues at the centre of the disputes herein. This order should not therefore be taken as full proof of the ownership of the property or a succession dispute over the property. Any order issued in an appropriate forum in relation to the ownership of the property that is contrary to the above order, shall therefore be taken or interpreted to have set aside, vacated or varied the order in (b) above. DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 25THDAY OFJUNE,2026 **** ALOYCE-PETER-NDEGE **** SENIOR PRINCIPAL MAGISTRATE In the presence of; Plaintifi’s Counsel: Bitok Defendant’s Counsel: Nyabuto Plaintifi: Defendant: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/195/eng@2026-06-25 2
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