Kenyan case law
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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.
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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
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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.
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Kairu v Kairu & another (Succession Appeal E021 of 2024) [2025] KEHC 17071 (KLR) (20 November 2025) (Judgment)
✦ The Court upheld the lower court's decision to distribute the land equally among the Appellant, the 1st and 2nd Respondents.
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In re Estate of the Late Marete Karaitu - Deceased (Succession Cause 76 of 1994) [2025] KEHC 17200 (KLR) (20 November 2025) (Ruling)
✦ The Prohibitory Orders should be lifted by the Chief Magistrate's Court that issued them, not the Succession Court. The Succession Court declines to grant the orders.
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In re Estate of Ajit Singh bhabra (Deceased) (Succession Cause 1175 of 1997) [2025] KEHC 16862 (KLR) (Family) (20 November 2025) (Ruling)
✦ The court finds the tenant in contempt of court for non-compliance with previous orders and orders eviction and payment of rent.
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In re Estate of the Late Kimeu Muthembwa Mbithi (Deceased) (Succession Cause 245 of 2012) [2025] KEHC 17270 (KLR) (20 November 2025) (Ruling)
✦ The Court held that the ELC has jurisdiction to hear and determine disputes concerning title to land, and thus the Court lacks jurisdiction to determine the question of land ownership involving third parties.
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In re Estate of Oloo Onunga (Deceased) (Succession Appeal E021 of 2025) [2025] KEHC 17406 (KLR) (20 November 2025) (Ruling)
✦ The court grants a stay of execution of the ruling pending the hearing and determination of the appeal.
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In re Estate of John Simiyu Musawa (Deceased) (Succession Cause 393 of 2011) [2025] KEHC 17722 (KLR) (20 November 2025) (Ruling)
✦ The interim orders are vacated due to non-compliance with the directions on service.
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In re Estate of David Thuku Mwaura alias David T. Thuku (Deceased) (Succession Cause E022 of 2021) [2025] KEHC 19344 (KLR) (19 November 2025) (Judgment)
✦ The land given to the objector and his brother is not part of the estate and will not be distributed. The remaining 44 acres will be distributed equally among the remaining beneficiaries.
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In re Estate of Swaleh Karama Hantooshi (Deceased) (Succession Cause E012 of 2023) [2025] KEHC 17994 (KLR) (19 November 2025) (Judgment)
✦ The objection has merit and is allowed. The petition is dismissed. A fresh petition must be filed listing all dependants, assets, and liabilities of the deceased.
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In re Estate of Rurinja Kamau (Deceased) (Succession Cause 133 of 2003) [2025] KEHC 16980 (KLR) (19 November 2025) (Ruling)
✦ The grant is revoked, and the estate reverts to the deceased's name for re-distribution.
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Mwangi & another v Mwago (Succession Appeal E021 of 2023) [2025] KEHC 17060 (KLR) (19 November 2025) (Judgment)
✦ The court found no evidence of an oral will and affirmed the lower court's decision to distribute the estate to the Respondent.
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In re Estate of Joseph Njoroge Gathua (Deceased) (Succession Cause 629 of 2003) [2025] KEHC 17134 (KLR) (19 November 2025) (Ruling)
✦ The application is allowed as the error in the grant is a matter that the court can rectify under section 74 of the Law of Succession Act.
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In re Estate of Nashon Juma Agango alias Nashon Juma Asango (Deceased) (Succession Cause 423 of 2015) [2025] KEHC 18034 (KLR) (19 November 2025) (Ruling)
✦ The court allows the petition for letters of administration ad litem, granting the applicant the right to file a suit to revert the property to the estate.
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In re Estate of Robert Ndiritu Karonji alias Robert Nderitu Karonji (Deceased) (Succession Cause 291 of 2013) [2025] KEHC 16933 (KLR) (19 November 2025) (Judgment)
✦ The grant of Letters of Administration Intestate should be revoked and the mode of distribution set aside.
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In re Estate of the Late Edward Kiprotich Birir (Deceased) (Succession Cause 471 of 2015) [2025] KEHC 16698 (KLR) (18 November 2025) (Ruling)
✦ The High Court lacks jurisdiction to determine the ownership and title to land, and the dispute is not for determination by this Court.
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In re Estate of Amos Chege Ngethe (Deceased) (Succession Cause 345 of 2006) [2025] KEHC 16772 (KLR) (18 November 2025) (Ruling)
✦ The court allows the application and orders the District Land Registrar to present the green cards for the specified land parcels. The court reserves the right to cancel titles once relevant records are availed.
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In re Estate of John Gicheru Wambugu (Deceased) (Succession Cause 986 of 2010) [2025] KEHC 16943 (KLR) (18 November 2025) (Ruling)
✦ The court found that the Respondents had not violated the court order and that the Applicant had not refused to effect a transfer of the estate to the beneficiaries.
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Gichira & another v Mwema (Succession Appeal E006 of 2025) [2025] KEHC 17068 (KLR) (18 November 2025) (Judgment)
✦ The court assumed jurisdiction and found the application merited.
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In re Estate of Eunice Wambui Ngobia (Deceased) (Succession Cause 179 of 2012) [2025] KEHC 16722 (KLR) (18 November 2025) (Ruling)
✦ The court dismissed the Notice of Motion and ordered the costs to be awarded to the Respondent
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In re Estate of Alphonce Muhati Ligambo, aka Alphonse Muhati Ligambo – Deceased (Succession Cause 36 of 2012) [2025] KEHC 16839 (KLR) (17 November 2025) (Ruling)
✦ The court finds it just and equitable to grant the relief sought, and orders the delivery of judgment to be arrested pending the applicants being heard.
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In re Estate of the Late Mukhwabi Ragama (Deceased) (Succession Cause 110 of 1997) [2025] KEHC 16737 (KLR) (17 November 2025) (Ruling)
✦ The proceedings conducted in the High Court since the transfer of the matter are declared a nullity, and the matter is returned to the Busia Chief Magistrate's Court.
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In re Estate of Elisha Chemwetich Kendagor (Deceased) (Succession Cause E155 of 2017) [2025] KEHC 16875 (KLR) (17 November 2025) (Ruling)
✦ The court assigned a value of Kshs. 350,000,000/= to the Kabarak property and Kshs. 10,000,000/= to the Sabatia property, totaling Kshs. 360,000,000/=. The 1st House gets Kshs. 240,000,000/= and the 2nd House gets Kshs. 120,000,000/=. The properties will be subdivided by a licensed surveyor.
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In re Estate of Napendra Chandulal Nagda (Deceased) (Succession Cause E033 of 2024) [2025] KEHC 16754 (KLR) (17 November 2025) (Ruling)
✦ The Objection is not merited.