Kenyan case law
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In re Estate of Edward Talam Limo (Deceased) (Succession Cause E040 of 2018) [2025] KEHC 18752 (KLR) (18 December 2025) (Ruling)
✦ The court finds that the probate court has jurisdiction to adjudicate on a claim founded on a commercial or contractual dispute.
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In re Estate of Kiprotich Muge alias Chemobo Arap Muge (Deceased) (Succession Cause 56 of 1993) [2025] KEHC 18749 (KLR) (18 December 2025) (Ruling)
✦ An amended certificate of confirmation of grant shall be issued forthwith by the Deputy Registrar of the High Court
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In re Estate of Kipturgut Arap Cheruiyot alias Kipturgut Cheruiyot (Deceased) (Succession Cause 31 of 2019) [2025] KEHC 18755 (KLR) (18 December 2025) (Ruling)
✦ The application is incompetent and the chamber summons dated 8th April, 2025 is hereby ordered struck out.
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In re Estate Of David Kiplangat Alias David Koskey (Deceased) (Succession Cause 30 of 2016) [2025] KEHC 18796 (KLR) (18 December 2025) (Ruling)
✦ The preliminary objection is dismissed as the court retains jurisdiction to hear the application for revocation of the grant, whether or not it is confirmed.
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In re Estate of Josephat Musau Mukuva (Deceased) (Succession Cause 733 of 2007) [2025] KEHC 18827 (KLR) (18 December 2025) (Ruling)
✦ The High Court's order is upheld, and the Kithimani Court's judgment is declared null and void.
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In re Kiprop Maina (Succession Cause 26 of 2004) [2025] KEHC 19031 (KLR) (18 December 2025) (Ruling)
✦ The court allowed the notice of motion and set aside the earlier orders, allowing the matter to be reopened for rectification of the grant.
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In re Estate of Jeremiah Kimani Wangire (Deceased) (Succession Cause 523 of 1985) [2025] KEHC 19081 (KLR) (Family) (18 December 2025) (Directions)
✦ The court directs the file to be referred to the Deputy Registrar of the Family Division for further consideration.
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In re Estate of Kipleting Sum Tanui (Deceased) (Succession Cause E108 of 2025) [2025] KEHC 18751 (KLR) (18 December 2025) (Ruling)
✦ The court revokes the grant of letters of administration to Tecla Jerotich Sum and appoints new administrators: Ann Tele Tanui, Simon Leting, David Kipkosgei Tanui, and Tecla Jerotich Sum.
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In re Estate of Nahashon Kiragu Mbuthia (Deceased) (Succession Cause 146 of 2017) [2025] KEHC 18833 (KLR) (18 December 2025) (Ruling)
✦ The court ordered the 2nd Administrator to execute the transfer documents in favor of Jane Wanjiru Kiragu within 30 days, and in default, the Deputy Registrar would execute the instruments of transfer.
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In re Estate of Elijah Chebokoiyo Chepkwony (Deceased) (Succession Cause 44 of 2006) [2025] KEHC 19030 (KLR) (18 December 2025) (Judgment)
✦ The court revokes the confirmed grant dated 27th October, 2022
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Kivesi v Wambua & 2 others (Succession Cause 56 of 2012) [2025] KEHC 19074 (KLR) (18 December 2025) (Ruling)
✦ The court grants the application to amend the confirmed grant to remove the name of the 3rd Respondent and substitute it with that of the Applicant.
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In re Estate of Timothy Mbindo Ndolo (Deceased) (Succession Cause 26 of 1984) [2025] KEHC 18834 (KLR) (18 December 2025) (Ruling)
✦ The court has no jurisdiction to determine the dispute regarding land parcel Muthetheni/Kionyweni/77 and the validity or otherwise of the mediation agreement.
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In re Estate of Joel Kimetet arap Langat (Deceased) (Succession Cause E012 of 2023) [2025] KEHC 18795 (KLR) (18 December 2025) (Ruling)
✦ The court allows the application for DNA testing to determine the paternity of the Objector's children.
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In re Estate of Geoffrey Mwai Kabiru (Deceased) (Succession Cause 1979 of 2016) [2025] KEHC 19131 (KLR) (Family) (17 December 2025) (Ruling)
✦ The property is not free property of the estate and should be excluded from the grant of letters of administration. The grant will not be revoked, but an amended certificate of confirmation will exclude the property.
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Gichuki & 2 others v Gichuki & 2 others; Gichuki (Administrator) (Succession Appeal E003 of 2022) [2025] KEHC 18790 (KLR) (17 December 2025) (Judgment)
✦ The deceased died intestate and the grant of letters of administration was revoked.
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In re Estate of the Late Kipchumba Msoy (Deceased) (Succession Cause 41 of 2021) [2025] KEHC 18566 (KLR) (17 December 2025) (Ruling)
✦ The application for confirmation of grant is dismissed, and the grant of letters of administration intestate dated 13th February 2025 is confirmed in terms of the Protestor’s mode of distribution.
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Womuka & 2 others v Nandwa & another (Succession Appeal E005 of 2024) [2025] KEHC 18643 (KLR) (17 December 2025) (Judgment)
✦ The appeal is dismissed, and the ruling of the lower court is upheld.
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In re Estate of Stanley Lumumba Barungu Thikanyi (Deceased) (Succession Cause E003 of 2020) [2025] KEHC 18799 (KLR) (17 December 2025) (Judgment)
✦ The grant issued to Elizabeth Chabani M’Ikirima and Rosemary Thikanyi is confirmed, and the estate properties shall be distributed equally amongst the 11 beneficiaries of the deceased.
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Gitau v Gitau (Succession Cause 893 of 2014) [2025] KEHC 19076 (KLR) (17 December 2025) (Ruling)
✦ The application is dismissed with costs to the respondent.
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In re Estate of Mumenya Njogu (Deceased) (Succession Appeal E015 of 2022) [2025] KEHC 18667 (KLR) (16 December 2025) (Judgment)
✦ The Court dismissed the review application and affirmed the original judgment.
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In re Estate of Wangari Karuku Wathiai (Deceased) (Succession Cause 7 of 2010) [2025] KEHC 18505 (KLR) (16 December 2025) (Ruling)
✦ The court ruled that Benson Wathiai Karuku and his sister Hellen Wangari Karuku are not direct beneficiaries of the estate and the matrimonial home at Section 58 should be held in trust for the entire family.
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In re Estate of Moses Kapoya Ole Mosiro (Deceased) (Succession Cause 1067 of 1991) [2025] KEHC 18441 (KLR) (16 December 2025) (Ruling)
✦ The preliminary objection by the Respondents holds water, and the Applicants succeed only to the extent that they must be involved in the execution of the grant exercise till they obtain their respective portions.
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In re Estate of David Chepkwony arap Cheboibeny (Deceased) (Succession Cause E037 of 2022) [2025] KEHC 18521 (KLR) (16 December 2025) (Ruling)
✦ The court ruled that the deceased's estate cannot be a free property for distribution until the issue of ownership is determined, and the proper forum for such a determination is the Environmental and Land Court.
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In re Estate of Kipkoech Rogito alias Chebusit Arap Rogito (Deceased) (Succession Cause 52 of 2017) [2025] KEHC 18403 (KLR) (16 December 2025) (Ruling)
✦ The Grant of Representation is not revoked as the Applicants failed to satisfy the requisite grounds for revocation.
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In re Estate of Juma Shiteswa Linani (Deceased) (Succession Cause 26 of 1999) [2025] KEHC 18461 (KLR) (16 December 2025) (Ruling)
✦ The distribution of the estate among the sons in 2009 is set aside, and the estate shall be equally distributed among the 16 children (sons and daughters).