Kenyan case law

Cheluget & 2 others v Lel & 14 others & 4 others (Succession Cause E111 of 2024) [2026] KEHC 3341 (KLR) (13 March 2026) (Ruling)

✦ The court granted a temporary injunction restraining the petitioners from selling or interfering with the disputed land.

In re Estate of Mbori (Deceased) (Succession Cause E001 of 2024) [2026] KEHC 3470 (KLR) (13 March 2026) (Judgment)

✦ The grant was obtained through material non-disclosure and misrepresentation, contrary to Section 51(2)(g) of the Law of Succession Act.

In re the Late SMN (Deceased) (Succession Cause E085 of 2022) [2026] KEHC 3340 (KLR) (13 March 2026) (Ruling)

✦ The estate is to be distributed as follows: First House (9 children) 9/14, Second House (5 units: DWM, 4 children) 5/14. Eldoret Municipality Block 4/XX to be shared equally among the 9 children of the First House.

In re Estate of Kimote (Deceased) (Succession Cause 1088 of 2009) [2026] KEHC 3347 (KLR) (13 March 2026) (Ruling)

✦ The Grant issued on 25th July 2010 is hereby revoked.

In re Estate of Rotich (Deceased) (Succession Cause 193 of 2008) [2026] KEHC 3454 (KLR) (12 March 2026) (Ruling)

✦ The application is dismissed, and each party bears their own costs.

In re Estate of Kanampiu (Deceased) (Miscellaneous Succession Cause E007 of 2025) [2026] KEHC 3224 (KLR) (12 March 2026) (Ruling)

✦ The application is allowed, and the Applicant is entitled to the deceased's retirement benefits and pension funds. The Respondent is required to render an account of the funds received and provide a certified copy of the deceased's file.

In re Estate of the Late Chesimet (Deceased) (Succession Cause 311 of 2015) [2026] KEHC 3427 (KLR) (12 March 2026) (Judgment)

✦ The court confirms the proposed mode of distribution by the 1st Protestor, which subdivides the deceased's land and assets among her children.

In re Githaiga (Deceased) (Succession Cause E559 of 2023) [2026] KEHC 3643 (KLR) (Family) (12 March 2026) (Ruling)

✦ The court has jurisdiction to review and amend the confirmed grant, and sufficient grounds have been established.

In re Estate of James Nzioka Mutie (Deceased) (Succession Cause 697 of 2015) [2026] KEHC 4480 (KLR) (12 March 2026) (Ruling)

✦ The application is declined, and the mediation agreement is not set aside. The Court will stay the implementation of the mediation report pending determination by the Environment and Land Court (ELC) on the ownership of plot Wanguru/Township/78.

In re Estate of Tegutiwo (Deceased) (Succession Cause 163 of 2002) [2026] KEHC 3400 (KLR) (12 March 2026) (Ruling)

✦ The application is dismissed without merit, and the error lies in the grant as confirmed, which does not list all the assets of the estate. The remedy is rectification of the grant, not review of the confirmation orders.

Nyamu & another v Nyamu (Succession Cause E002 of 2021) [2026] KEHC 3218 (KLR) (12 March 2026) (Ruling)

✦ The application is incompetent, res judicata, and an apparent attempt to relitigate a matter already decided.

In re Estate of Muathai (Deceased) (Succession Cause 11 of 1991) [2026] KEHC 3853 (KLR) (12 March 2026) (Ruling)

✦ The court finds that the applicant has not established sufficient grounds for revocation of the grant of Letters of Administration Intestate issued on 9th June 2021.

In re Kimining (Deceased) (Succession Cause 225 of 2025) [2026] KEHC 3288 (KLR) (12 March 2026) (Judgment)

✦ The estate will be distributed as follows: Death Gratuity to be divided among the four beneficiaries; I.R No.98221/L.R NO.27024/89 to be divided equally among the four beneficiaries; Mavoko Town Block 2/4817 to the second administrator; Kitalale Scheme Plot 702 to be divided equally among the four beneficiaries; Moi’s Bridge Plot to the second administrator; Plots Nos,363 & 264 to the second administrator; Plot Nos 109 & 110 to the second administrator; Plot Nos 117 & 1060 to the second administrator; Plot Nos 488 & 499 to the first administrator; Noon Kopir Plot to the first administrator; Noon Kopir Plot 100x50ft to the second administrator; Kengen Shares to the second administrator; KCB Shares No.083053 to the first administrator.

In re Estate of Belyon (Deceased) (Succession Cause 371 of 2015) [2026] KEHC 3399 (KLR) (12 March 2026) (Judgment)

✦ The 2nd protest by Kibet Jackson Kirui is allowed, and the estate should be distributed as proposed in the 2nd protestor's affidavit. The 1st protest by Mike Kipngeno Korir is also allowed, with grandchildren of Zakayo Kirui inheriting their late father's share by representation.

In re Estate of the Late Githengi (Deceased) (Succession Cause 1 of 1999) [2026] KEHC 3318 (KLR) (12 March 2026) (Ruling)

✦ The Court dismissed the 1st Applicant's petition and denied the 2nd Applicant's application for an injunction.

In re Estate of Gathimba (Deceased) (Succession Cause 185 of 2014) [2026] KEHC 4493 (KLR) (12 March 2026) (Ruling)

✦ The application for revocation of the confirmed grant dated 20/3/2018 is allowed as prayed.

In re Estate of Bune (Deceased) (Succession Cause 337 of 2007) [2026] KEHC 3338 (KLR) (12 March 2026) (Ruling)

✦ The grant of letters of administration and the Certificate of Confirmation of Grant are hereby rectified to reflect the deceased's name as SAMSON CHEPKWONY BUNE alias CHEPKWONY ARAP BUNE alias SAMSON CHEPKWONY BONE.

In re Estate of Cheruiyot alias Micah Kipngetich Cheruiyot (Deceased) (Succession Cause 51 of 2007) [2026] KEHC 3337 (KLR) (12 March 2026) (Ruling)

✦ The application is allowed, and the notice of appeal is deemed to have been duly filed. A stay of execution is granted pending the hearing and determination of the appeal.

In re Estate of Mutuma (Deceased) (Succession Cause 73 of 2003) [2026] KEHC 3137 (KLR) (11 March 2026) (Ruling)

✦ The court dismissed the appeal, finding that the estate was not properly transmitted to the administrator and that the administrator's death did not invalidate the grant of letters of administration.

In re Estate of Okumu (Deceased) (Succession Cause E005 of 2025) [2026] KEHC 3157 (KLR) (11 March 2026) (Ruling)

✦ The grant of the estate assets will be confirmed, with specific distributions and directions for Bukhayo/Mundika/270 pending agreement or court determination.

Ongawa v Ocharo (Succession Appeal E061 of 2024) [2026] KEHC 3443 (KLR) (11 March 2026) (Judgment)

✦ The appeal is dismissed in its entirety. The ruling of the Senior Principal Magistrate is upheld. The land parcel shall be distributed equally among the beneficiaries.

In re Estate of Koskei (Deceased) (Succession Cause 19 of 2020) [2026] KEHC 3219 (KLR) (11 March 2026) (Ruling)

✦ The application for review is misconceived, bad in law, and incompetent. The application is struck out but no order as to costs is made.

In re Estate of Terer (Deceased) (Succession Cause 299 of 1999) [2026] KEHC 3141 (KLR) (10 March 2026) (Ruling)

✦ The distribution of the estate was defective and the grant was obtained by concealment of a material fact. The grant is hereby revoked and the Applicant is directed to file a fresh application for confirmation of the grant.

In re Estate of Kilel (Deceased) (Succession Cause 305 of 2015) [2026] KEHC 3158 (KLR) (10 March 2026) (Ruling)

✦ The court orders the Deputy Registrar to sign necessary documents and directs the Land Registrar to dispense with certain documents for the transfer of assets.

In re Estate of Keter (Deceased) (Succession Cause E036 of 2024) [2026] KEHC 3128 (KLR) (10 March 2026) (Ruling)