Kenyan case law

In re Estate Alfayo Akhoya (Deceased) (Succession Cause 533 of 2003) [2026] KEHC 119 (KLR) (16 January 2026) (Ruling)

✦ The court finds that the error apparent on the face of the record is the award of shares to two strangers and the exclusion of some beneficiaries, and the court will not grant the application for review.

In re Estate of James Muruga Njoroge (Deceased) (Succession Cause 12 of 2013) [2026] KEHC 113 (KLR) (Family) (16 January 2026) (Judgment)

✦ The application is not res judicata, and the grant of administration should be revoked.

In re Estate of Elijah Ongoro Mogaka (Deceased) (Succession Cause 525 of 2010) [2026] KEHC 694 (KLR) (16 January 2026) (Ruling)

✦ The court will not revoke the grants as there is insufficient evidence to support the allegations of fraud and concealment.

In re Estate of Joel Dindi Magero (Deceased) (Succession Cause 15 of 2021) [2026] KEHC 131 (KLR) (16 January 2026) (Ruling)

✦ The Court dismisses the application for stay of proceedings and declines the prayer for dismissal of the succession cause. The cause is ordered to proceed to hearing and determination.

In re Estate of the Late Andrea Chebos Maiyo (Deceased) (Succession Cause 281 of 2006) [2026] KEHC 32 (KLR) (15 January 2026) (Ruling)

✦ The court found no basis for review or stay and dismissed the application as an abuse of process, but noted the need for legislative reform.

In re Estate of Wilfred Gathiomi Njonge (Deceased) (Succession Cause 447 of 2001) [2026] KEHC 75 (KLR) (Family) (15 January 2026) (Ruling)

✦ The court orders that all dealings with the estate are restrained pending authentication of the applicants' birth certificates from the office of the Registrar of Births.

In re Estate of Kariuki Muturi (Deceased) (Succession Cause 310 of 2002) [2026] KEHC 43 (KLR) (Family) (15 January 2026) (Ruling)

✦ The court is satisfied that the application meets the threshold under Rule 45(1) and that it is in the interest of justice to allow the review.

In re Estate of M'Impwi M'Ikiugu Nkatha (Deceased) (Succession Cause 255 of 2010) [2026] KEHC 129 (KLR) (15 January 2026) (Directions)

✦ The court finds it premature to handle the said applications and orders a stay of the hearing for now, with the parties to await the decision of the Court of Appeal.

In re Estate of Walter Kibet Kimwatan (Deceased) (Succession Cause 5 of 2018) [2026] KEHC 37 (KLR) (15 January 2026) (Ruling)

✦ The application is denied as the consent of the beneficiaries is voidable due to lack of compliance with the provisions of the Civil Procedure Act.

Gakio & another v Gakio & 2 others (Succession Cause E077 of 2022) [2026] KEHC 65 (KLR) (15 January 2026) (Ruling)

✦ The application fails and is hereby dismissed.

In re Estate of Cheptoo Cheboswony (Deceased) (Succession Appeal E001 of 2020) [2026] KEHC 62 (KLR) (14 January 2026) (Judgment)

✦ The court held that the only property that forms part of the estate is that which the deceased was legally competent to dispose of during his lifetime, and in which his interests had not been terminated by his death.

In re Estate of the Late Mugo Wandia (Deceased) (Succession Cause 320 of 2007) [2026] KEHC 152 (KLR) (14 January 2026) (Ruling)

✦ The Court finds the application paradoxical as revoking the grant would render subsequent prayers untenable.

In re Estate of Naomi Mueke Ngei alias Mueke Ngei (Deceased) (Succession Appeal E013 of 2024) [2026] KEHC 97 (KLR) (14 January 2026) (Ruling)

✦ The court held that the trial court did not lack jurisdiction and that the trial court considered fairness and equity in the distribution of the estate.

In re Estate of Ndila Kitema (Succession Cause E020 of 2024) [2026] KEHC 96 (KLR) (14 January 2026) (Ruling)

✦ The court finds that the alleged procedural defects in the application dated 30th June 2025 are not fatal. The court proceeds to consider the application on its merits. The partial conrmation of grant issued on 3rd June 2025 is annulled.

Kimolo v Nzioki (Succession Cause E312 of 2014) [2026] KEHC 132 (KLR) (14 January 2026) (Ruling)

✦ The application is dismissed as the applicant has not satisfied the threshold for grant of stay under Order 42 Rule 6.

In re Estate of Lukarito Njoroge alias Richard Njoroge alias Lokorito Kamau (Deceased) (Miscellaneous Succession Cause E031 of 2025) [2026] KEHC 321 (KLR) (13 January 2026) (Ruling)

✦ The court finds that substantive orders cannot be issued in a miscellaneous application and that the Notice of Preliminary Objection is not sustainable.

In re Estate of Francis Kimutai Too alias Francis Kimutai Kiptoo (Deceased) (Succession Cause E124 of 2023) [2026] KEHC 74 (KLR) (13 January 2026) (Ruling)

✦ The court cannot grant a stay of execution pending an appeal without first obtaining leave from the court.

Saina & another v Saina & 2 others (Succession Cause 12 of 2001) [2026] KEHC 61 (KLR) (13 January 2026) (Ruling)

✦ Calvin Kiptoo Saina and Linda Chelimo Saina are hereby appointed as joint administrators of the estate of the late William Morogo Saina.

Achieng v Akinyi & 2 others (Succession Appeal E008 of 2023) [2026] KEHC 9 (KLR) (7 January 2026) (Judgment)

✦ The Court held that Eldoret Municipality/Block 9/973 did not constitute matrimonial property by presumption and occupation, and the trial court's order to liquidate the land was upheld.

In re Estate of Otogo Oriama (Deceased) (Succession Cause 102 of 2008) [2025] KEHC 19174 (KLR) (22 December 2025) (Ruling)

✦ The grant and confirmation of the grant are revoked, and the estate is to be redistributed.

In re Estate of Hannah Muthoni Ng’ang’a (Deceased) (Succession Cause 197 of 2008) [2025] KEHC 18980 (KLR) (22 December 2025) (Ruling)

✦ The grant is revoked, and new administrators are appointed. The distribution of the estate is vacated, and transactions are nullified.

In re Estate of Ouma Masakhalia alias Alphonse Ouma (Deceased) (Succession Cause 90 of 2013) [2025] KEHC 18978 (KLR) (22 December 2025) (Ruling)

In re Estate of Okeya Omunyin Ebaale (Deceased) (Succession Cause 236 of 2008) [2025] KEHC 19175 (KLR) (22 December 2025) (Ruling)

✦ The application is dismissed as there is no merit in it. Each party shall bear their own costs.

In re Estate of Christopher Cherutich Kimeli (Deceased) (Succession Cause E95 of 2021) [2025] KEHC 18850 (KLR) (19 December 2025) (Judgment)

✦ The estate will be distributed as proposed by the Petitioners, with the disputed land to be held in trust for the Objectors.

In re Estate of the Late Boniface Kieti Ndambuki (Deceased) (Succession Cause E038 of 2023) [2025] KEMC 359 (KLR) (19 December 2025) (Judgment)

✦ The Court finds that the Administrator's inventory of Masii/Vyulya/1173 and 1174 is incorrect and excludes them from the distributable estate. The Court has jurisdiction to determine the validity of the sales of Masii/Mithini/284 and Masii/Vyulya/1179, but not to distribute the net estate. The Court distributes Masii/Mithini/278 and Centum Shares accordingly.