N N K v J N M [2015] KEHC 28 (KLR)
- Court
- High Court of Kenya
- Case number
- 28
- Citation
- [2015] KEHC 28 (KLR)
- Decided
- 19 November 2015
The deceased's estate should be distributed according to Kikuyu Customary Law, which is patrilineal. The Protestor, J N M, is not entitled to inherit the estate.
Facts
The deceased, H W K, died intestate in 1981. She left four children, with G K and L M I deceased. The estate includes 41⁄2 acres of land. The Petitioner, N N K, is the only surviving son. The Protestor, J N M, objects to the confirmation of the grant, claiming her mother, L M, should inherit a share.
Issues
- Who inherits the deceased's estate?
- Does Kikuyu Customary Law apply to the estate?
Reasoning
The deceased died before the Law of Succession Act came into effect. Kikuyu Customary Law, which is patrilineal, should govern the distribution of the estate. The Protestor's claim is based on her mother's residence on the land, which is not supported by evidence.
Outcome
The estate should be given to the Petitioner, N N K, as the only surviving son.
Authorities cited
Legislation (1)
- Judicature Act
Cases cited (1)
- Francis Muchiri Wairia V Alice Wangari Wairia & another, [2011] eKLR
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