In re Estate of Anthony Gachoki Kariithi (Deceased) (Succession Cause 216 of 2012) [2025] KEHC 15403 (KLR) (28 October 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 15403
- Citation
- [2025] KEHC 15403 (KLR)
- Decided
- 28 October 2025
The protestor and her sisters are not entitled to any inheritance as they were married at the time of the deceased's father's death. The deceased was lawfully registered under customary law. The protestor's claim lacks merit and is dismissed.
Facts
The deceased, Anthony Gachoki Kariithi, died intestate. His estate was distributed according to customary law, with the deceased and his step-brother being registered as co-owners of land parcel No. Inoi/Kariko/115. The protestor and her sisters were married at the time of the deceased's father's death.
Issues
- Whether the deceased held the land in trust for the protestor and her sisters
- Whether the Law of Succession Act applies to the deceased's estate
Reasoning
The protestor failed to prove the existence of a trust and dependency, and customary law governed the deceased's estate. The Law of Succession Act does not apply to the deceased's estate as it came into force after the deceased's father's death.
Outcome
The application for revocation of the grant of letters of administration is dismissed.
Orders
- The grant issued to the applicant is confirmed.
- Leave to appeal is granted.
- No orders as to costs.
Authorities cited
Legislation (2)
- Law of Succession Act Cap 160 Laws of Kenya
- Judicature Act
Cases cited (1)
- Pauline Wanjiru Ngigi-V Samuel Kamonye Gichane & Another (2014) eKLR
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