Kenyan case law

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.

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.

In re Estate of Kileopa Okute Aburuli alias Kileopa Ambululi (Deceased) (Miscellaneous Succession Application E011 of 2025) [2025] KEHC 17486 (KLR) (26 November 2025) (Ruling)

✦ The court allows the application.

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 Mwatela Charo Rumba (Deceased) (Succession Cause 18 of 2017) [2025] KEHC 18031 (KLR) (25 November 2025) (Judgment)

✦ The petitioners' claim to be heirs of the deceased's brother is not valid, and the grant of letters of administration is confirmed.

In re Estate of M'Ithiri Rwanyaki alias Ithiri s/o Ruanyaki - Deceased (Succession Cause 157 of 1994) [2025] KEHC 17603 (KLR) (25 November 2025) (Ruling)

✦ The court revokes the grant in respect of land parcel No. Abothuguchi/Katheri/3514 and orders its distribution between the Petitioner and the applicant equally.

In re Estate of the Estate of the late Samson Kashoka (Deceased) (Succession Cause E013 of 2023) [2025] KEHC 17961 (KLR) (25 November 2025) (Ruling)

In re Estate of Sika ole Parkesui (Deceased) (Succession Cause 83 of 2010) [2025] KEHC 17215 (KLR) (25 November 2025) (Ruling)

✦ The application is allowed, and the orders made on 31st October 2022 are set aside to the extent that the subdivisions from LR Narok CIS/Ilmashariani/Morijo/15 measuring 1.2 Hectares be cancelled and registration status be restored to the status prior to 31st October 2022. The Certificate of Confirmed Grant dated 25th March 2025 is hereby suspended and stayed pending the hearing and disposal of Chief Magistrate Court at Narok ELC Case No.54 of 2019.

In re Estate of Mukindia Mutuangiri (Decesaed) (Succession Appeal E009 of 2023) [2025] KEHC 18323 (KLR) (25 November 2025) (Judgment)

✦ The court held that the respondents had locus standi to apply for the grant and that the trial court was correct to issue the grant to the respondents.

In re Estate of John Kisilu Kisimbi (Succession Cause E006 of 2023) [2025] KEHC 17299 (KLR) (24 November 2025) (Ruling)

✦ The cause is struck out for being an abuse of the court process.

Fazal v Administrators of the Estate of Abdulla Fazal (Succession Cause 368 of 1975) [2025] KEHC 17741 (KLR) (Family) (24 November 2025) (Ruling)

✦ The grant cannot be revoked as there is no grant in place. The prayer for the status quo regarding the payment of Kshs.40,000/= per month cannot be upheld as the orders were in favour of the late Amina only, who is now deceased.

In re Estate of Richard M. Makali alias Richard W. Makali (Deceased) (Succession Cause 103 of 1999) [2025] KEHC 18887 (KLR) (24 November 2025) (Ruling)

✦ The court found no reason to revoke the grant and ordered the applicant to be included in the confirmed grant of 2010.

In re Estate of Kakunia Mukeku Nthei alias Mukeku Nthei (Deceased) (Succession Cause 195 of 2017) [2025] KEHC 17274 (KLR) (24 November 2025) (Ruling)

✦ The protest is struck out for lack of jurisdiction and lack of locus standi.

In re Estate of Fai Amario Omar alias Peter Gilbert Njoroge Ng'ang'a (Succession Cause 354 of 2010) [2025] KEHC 17077 (KLR) (21 November 2025) (Ruling)

✦ The court dismisses the 5th application and allows the 2nd applicant to file a fresh appeal within 30 days.

In re Estate of Daniel Kiprop Keney (Deceased) (Succession Cause 145 of 2018) [2025] KEHC 19355 (KLR) (Family) (21 November 2025) (Judgment)

✦ The Court excludes certain assets and beneficiaries from the estate and distribution process.

In re Estate of Kariithi Gaitho Gachau (Deceased) (Succession Cause 815 of 2012) [2025] KEHC 16969 (KLR) (21 November 2025) (Ruling)

✦ The application dated 21st July 2022 is hereby dismissed for want of prosecution. The stay orders issued on 11th October, 2024 are hereby lifted. The Respondent is directed to deposit in Court the Title Document for LR No. Naromoru/Kiamathage BLK 1/193 within seven (7) days of the date of this Ruling. The application dated 25th September 2023 is to be listed for expedited hearing. Each party to meet its own costs.

In re Estate of Joshua Fredrick Ogola (Deceased) (Succession Cause 5 of 1982) [2025] KEHC 16901 (KLR) (21 November 2025) (Ruling)

✦ The Application is dismissed. Each party shall bear their own costs.

In re Estate of Mwandi (Deceased) (Succession Cause E006 of 2021) [2025] KEHC 19577 (KLR) (20 November 2025) (Ruling)

✦ The personal representatives are ordered to render an inventory of the estate within six months. The 1st respondent (Daniel Kobia Nkonge) is ordered to render an account of the estate apart from the properties he and the 2nd respondent were in occupation and control during the deceased's lifetime. The 1st applicant (Florence Ntue Nkonge) is ordered to receive Kshs. 40,000 per month with effect from December 2025 from rental income from LR Ntima/Igoki/1900.

In re Estate of Julius Mwangi Njenga - Deceased (Succession Cause E026 of 2024) [2025] KEHC 17056 (KLR) (20 November 2025) (Ruling)

✦ The court grants the application for a stay of execution and extension of time to appeal.

In re Estate Kanyoike Kiboo (Deceased) (Succession Cause 1341 of 2014) [2025] KEHC 16859 (KLR) (Family) (20 November 2025) (Ruling)

✦ The grant of letters of administration to John Kiboo is confirmed. The land parcel Kiganjo/Kiamwangi/599 will be sold by public auction, with 2,500,000 shillings from the proceeds to be paid to the applicant and the balance to the respondent. The Deputy Registrar and County Land Registrar are directed to execute the transfer documents and dispense with the production of the original title deed, respectively.

In re Estate of Joseph Martin Shikuku Oyondi (Deceased) (Succession Cause E651 of 2020) [2025] KEHC 16874 (KLR) (Family) (20 November 2025) (Ruling)

✦ The application for orders to transfer the estate's funds to the Executor and hold the Respondents in contempt is dismissed. Stephen Ashiembi Shikuku and Martha Shikuku must apply for confirmation of the grant over the deceased's estate within 45 days.

In re Estate of Sammy Muutu Mulwa (Deceased) (Succession Cause E126 of 2021) [2025] KEHC 18748 (KLR) (20 November 2025) (Judgment)

✦ The court finds that Patricia Mumbi is the deceased's widow and his children are dependants. The Solomon's Gate House is the deceased's free property. The court appoints Patricia Mumbi and Catherine Muutu as administrators of the estate.

In re Estate of M'Ithinji M'Imanyara - Deceased (Succession Cause 336 of 1994) [2025] KEHC 17241 (KLR) (20 November 2025) (Ruling)

✦ The application is dismissed with costs to the respondents

In re Estate of the Late Martin Njoroge Luther (Deceased) (Succession Cause E914 of 2021) [2025] KEHC 16861 (KLR) (20 November 2025) (Judgment)

✦ The Will is valid and the Petitioner is entitled to letters of administration.

In re Estate of Grace Wairimu Chege (Deceased) (Succession Cause E023 of 2025) [2025] KEHC 17263 (KLR) (20 November 2025) (Ruling)

✦ The application is partly successful, and the respondent is ordered to file protests, open a joint bank account, and provide an account of the deceased's income.