Mati Kairanya v Festus Mutegi Kairanya [2015] KEHC 1736 (KLR)
- Court
- High Court of Kenya
- Case number
- 1736
- Citation
- [2015] KEHC 1736 (KLR)
- Decided
- 28 October 2015
The court dismissed the appeal, finding that the trial court correctly applied Section 40 of the Act and that the proposed distribution was in accordance with the number of children from each household.
Facts
The deceased, Kairanya Muthio, had two wives and died in 1954. The estate consisted of 3 acres of land. The Respondent, Festus Mutegi Kairanya, petitioned for letters of administration and proposed a distribution of the estate. The Appellant, Mati Kairanya, protested the proposed distribution, arguing that customary law should be applied and that Micheni Kairanya and Japheth Gitari, born after the deceased, should be entitled to a share.
Issues
- Appellant's claim that customary law should be applied
- Appellant's claim that Micheni Kairanya and Japheth Gitari should be entitled to a share
- Appellant's claim that the trial court misdirected itself in applying Section 40 of the Act
Reasoning
The court held that Section 40 of the Act requires the estate to be divided between the children from each household and the surviving wife, each representing an independent unit. The court found that the trial court correctly considered the number of children from each household.
Outcome
Appeal dismissed
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