Kenyan case law

In re Estate of Maina Gikandi alias Tarasicio Maina Gikandi (Deceased) (Succession Cause 270 of 2002) [2025] KEHC 17647 (KLR) (28 November 2025) (Ruling)

✦ The Court finds that the Applicant has locus standi and the application is not sub-judice.

In re Estate of Michael Gichuhi Muiru (Deceased) (Succession Cause 4 & 8 of 2019 (Consolidated)) [2025] KEHC 17996 (KLR) (28 November 2025) (Ruling)

✦ The court found the signature on the alleged will to be a forgery and thus the will is invalid.

In re Estate of Jackson Kuria Ngure (Deceased) (Succession Cause E002 of 2023) [2025] KEHC 17498 (KLR) (28 November 2025) (Ruling)

✦ The grant of letters of administration issued to the Respondents is revoked, and a new grant is issued in the Applicant's name.

In re Estate of Jonathan Kegohi Kasavuli Ndiwa (Deceased) (Succession Cause 27 of 2001) [2025] KEHC 17948 (KLR) (27 November 2025) (Ruling)

✦ The Court will distribute the estate of the deceased according to the provisions of the Law of Succession Act, Cap 160 Laws of Kenya, and the established principles that ensure fair and just distribution.

In re Estate of Joseph Maina Kanyi (Deceased) (Succession Cause 203 of 2012) [2025] KEHC 17746 (KLR) (27 November 2025) (Ruling)

✦ The court finds merit in the application and orders the respondent to render a full and accurate account of all sums of money received from the Pensions Department, Nairobi County, or any other institution on account of the deceased from January 2017 to date, together with supporting documents within 30 days.

In re Estate of Ndung'u Marine Wang'ombe (Deceased) (Succession Cause 2167 of 2000) [2025] KEHC 17506 (KLR) (Family) (27 November 2025) (Ruling)

✦ The court found the respondent, Leah Wambui Ndungu, in contempt of court for failing to comply with the court order issued on 19th October 2023.

In re Estate of Daniel Munyasa (Deceased) (Succession Cause 78 of 2012) [2025] KEHC 17484 (KLR) (27 November 2025) (Ruling)

✦ The court lacks jurisdiction to conclusively determine the dispute over the road of access or boundaries. The parties are at liberty to pursue the same before the Land Registrar and, if necessary, the Environment and Land Court.

In re Estate of Linda Bernadette Lomonaco (Deceased) (Succession Cause 973 of 2019) [2025] KEHC 17424 (KLR) (Family) (27 November 2025) (Ruling)

✦ The grant of probate is not revoked as there is no evidence of fraud, concealment of material facts, defective proceedings, or failure to diligently administer the estate.

In re Estate of Benson Mathenge Muchemi (Deceased) (Succession Cause 850 of 2014) [2025] KEHC 17431 (KLR) (27 November 2025) (Judgment)

✦ The estate consists of 60% shares in Forward Mobiles Ltd., 400 shares in Superb Safaris Company, 20% in Space Makers Ltd., and 80% in Kenya Racing Team. LR No. 37/191 (IR No. 17354) and the computerized steel machine do not form part of the estate.

In re Estate of Late Maria Muthoni (Deceased) (Succession Cause 1621 of 2016) [2025] KEHC 17426 (KLR) (Family) (27 November 2025) (Ruling)

In re Estate of the Late Titus Waithaka Karuga (Deceased) (Succession Cause 270 of 1992) [2025] KEHC 17585 (KLR) (27 November 2025) (Ruling)

✦ The court directs that the Applicant shall get a licensed surveyor to subdivide the land into two equal portions. The Deputy Registrar shall execute the necessary transfer instruments to transfer the land to the Applicant. The Respondents are directed to release the original title for the land within 14 days, or the conveyancing exercise shall proceed in their absence.

In re Estate of Ruben Wanyonyi (Deceased) (Succession Cause 68 of 1997) [2025] KEHC 17949 (KLR) (27 November 2025) (Ruling)

✦ The Court lacks jurisdiction to remove the land from the estate and to distribute the free assets of the deceased, and the proceedings are stayed pending the Environment and Land Court's determination.

In re Estate of Aaron Musau Makau (Deceased) (Succession Cause 792 of 2010) [2025] KEHC 18155 (KLR) (27 November 2025) (Ruling)

✦ Ndunge Kieti Ndutu and Priscilla Nzula Musau are hereby appointed as joint administrators of the Estate of the Aaron Musau deceased.

In re Estate of John Kimachia Kahindi alias Kimachia Kahindi (Deceased) (Succession Cause 3044 of 2002) [2025] KEHC 17544 (KLR) (27 November 2025) (Ruling)

✦ The Court finds that the delay in seeking to revoke the grant is inordinate and the applicant has not provided a reasonable explanation for the delay. The grant is not revoked.

In re Estate of Sicily Muthooni Gachoki (Succession Cause 201 of 2013) [2025] KEHC 18104 (KLR) (27 November 2025) (Ruling)

✦ The application is dismissed as it is an abuse of process and the estate has already been distributed according to the confirmed grant.

Kisaina v Kisaina & 3 others (Succession Appeal E005 of 2023) [2025] KEHC 17620 (KLR) (27 November 2025) (Judgment)

✦ The appeal is dismissed as the appellant failed to prove allegations of fraud/forgery and the trial court's findings were not erroneous.

In re Estate of the Late Nyasyo Mulili Nzalu (Deceased) (Succession Cause 48 of 2010) [2025] KEHC 17913 (KLR) (27 November 2025) (Ruling)

✦ The estate will be divided equally among the children of the deceased, with an equal share for the estate of Kamanthe Mwanza's child. Properties in contention will be distributed as follows: Kalama Muumandu/179 will be shared equally among all beneficiaries, and Machakos Konza Block 1/490 will be shared equally among all beneficiaries but also taking into account the deceased beneficiaries such as Kamanthe Mwanza.

In re Estate of the Late Kamuya Musyoki Mutulili (Deceased) (Succession Cause 19 of 2001) [2025] KEHC 17721 (KLR) (27 November 2025) (Ruling)

✦ The court grants the application to rectify the confirmed grant to remove deceased beneficiaries and replace them with new beneficiaries.

In re Estate of Patrick Ngugi Kamangara (Deceased) (Succession Cause 2715 of 2001) [2025] KEHC 17380 (KLR) (Family) (27 November 2025) (Ruling)

✦ The court revokes the existing letters of administration and grants new ones to the applicants. It also orders a survey and distribution of land, and accounting of funds.

Maina (1) Acting on her own behalf and as family representative of the children of the Deceased and his first wife the late Josephine Wangatu; (2) Kennedy Ndifatha Maina (3) Zacharia Kurukwa maina, the Successors of the Late (4) Margaret Warau Maina (5) Judy Muthoni Ndegwa Maina and (6) John Gitu Maina v Maina (Succession Cause 16 of 2023) [2025] KEHC 17640 (KLR) (27 November 2025) (Ruling)

✦ The preliminary objection has merit and the applications are dismissed.

Amwayi & another v Amwayi & another (Succession Cause 2345 of 1995) [2025] KEHC 17742 (KLR) (27 November 2025) (Ruling)

✦ The grant of letters of administration intestate issued to the 1st and 2nd Respondents is revoked/annulled. Fresh grant of letters of administration intestate is issued to the Applicants. The purported subdivision of the estate properties is nullified and/or cancelled.

In re Estate of Lucheri Kwalanda (Deceased) (Succession Cause 379 of 2011) [2025] KEHC 17485 (KLR) (26 November 2025) (Ruling)

✦ Grant of letters of administration and certificate of confirmation issued to Rebecca Michelle Mark are revoked.

In re Estate of Nyaga Mwaranjau (Deceased) (Succession Cause 572 of 2013) [2025] KEHC 17713 (KLR) (26 November 2025) (Judgment)

✦ The estate will be distributed according to the intestacy provisions of the Law of Succession Act, with the deceased's children inheriting the properties according to their houses.

Babu v Njue & 6 others (Miscellaneous Succession Cause 8'B' of 2015) [2025] KEHC 17805 (KLR) (26 November 2025) (Ruling)

✦ The inhibition order over LR No Karingani/Ndagani/11153 was issued for a specific protective purpose which has since been rendered moot by the consent settlement of the Application dated 17th December 2015, issuance of a fresh Grant, and confirmation of distribution. The inhibition ought to have fallen with the title pursuant to the revoked grant and if it did not, it can only be lifted to pave way for the implementation of the current confirmed Grant. The Applicant has not demonstrated any continuing legal or equitable interest in the parcel of land if at all the parcel continues to exist after the revoked Grant. Lifting the inhibition would validate a registration and purported interest nullified by law, contrary to settled principles of justice, equity, and public policy. The Application is dismissed.

Munala v Amakobe (Being sued as representative of the Estate of Paul Munala Amakobe alias Paul Munala Amakobe - Deceased( (Succession Appeal E032 of 2025) [2025] KEHC 17619 (KLR) (26 November 2025) (Ruling)

✦ The court grants leave to appeal out of time and makes orders accordingly.