Kenyan case law
-
In re Estate of Joram Njuya Wambiya (Deceased) (Succession Cause 100 of 2002) [2025] KEHC 16304 (KLR) (13 November 2025) (Ruling)
✦ The court denies the application for stay of execution pending appeal and grants leave to appeal within 30 days.
-
In re Estate of Kipterer Simotwo alias Kipterer Arap Simotwo (Deceased) (Succession Cause 4A of 2020) [2025] KEHC 16300 (KLR) (13 November 2025) (Ruling)
✦ The estate will be divided equally among the deceased's three sons, with the Objectors' proposed mode of distribution as reflected in the Adavit of Protest dated 11th May 2021.
-
In re Estate of William Mathendu Kinama (Deceased) (Succession Cause 49 of 2016) [2025] KEMC 278 (KLR) (13 November 2025) (Judgment)
✦ The court dismissed the summons for conrmation of grant and ordered the administrators to work together to address the omitted assets.
-
Kipraisi v Chelal & another (Miscellaneous Succession Cause 1 of 2020) [2025] KEHC 16591 (KLR) (13 November 2025) (Ruling)
✦ The court granted leave to appeal out of time and deemed the Notice of Appeal filed without prior leave as duly filed.
-
In re Estate of Richard Kanampiu Nanchu (Deceased) (Succession Cause 621 of 2015) [2025] KEHC 16491 (KLR) (13 November 2025) (Ruling)
✦ The court finds the supporting affidavit fatally defective and invalid, as the deponent was in the United Kingdom at the time of swearing, and the affidavit was not commissioned by a Commissioner for Oaths.
-
In re Estate of David Mawathe Kitabi alias David Kitavi (Deceased) (Succession Cause 14 of 2020) [2025] KEHC 16821 (KLR) (13 November 2025) (Ruling)
✦ The Court orders further rectification of the property title number in the Certificate of Confirmation of Grant
-
In re Estate of Njoroge Githaka (Deceased) (Succession Cause 9 of 2018) [2025] KEHC 16606 (KLR) (13 November 2025) (Ruling)
✦ The court finds that Cecilia Njoki Kihara is an interested party and that the caution on the property should remain in place.
-
In re Estate of Joseph Chesoboi Kering (Deceased) (Succession Cause E023 of 2022) [2025] KEHC 16301 (KLR) (13 November 2025) (Ruling)
✦ The Court confirms the Grant of Letters of Administration Intestate, adhering to the statutory provisions of Section 40 of the Law of Succession Act, but taking into account the factual circumstances of the case.
-
In re Estate of the Late Peter Muthee Mwangi alias Joshua alias PJ (Deceased) (Succession Cause 118 of 2017) [2025] KEHC 19716 (KLR) (13 November 2025) (Ruling)
✦ The court granted the application, reviewing the Letters of Administration Intestate and Certificate of Confirmation of Grant to remove RWM as a co-administrator and reflect AMK as the sole administrator.
-
In re Estate of Kambuni Arap Sigei (Deceased) (Succession Cause 202 of 2015) [2025] KEHC 16316 (KLR) (12 November 2025) (Ruling)
✦ The Petitioners were not strangers to the deceased's estate, and the Application for revocation of the Grant has no merit.
-
In re Estate of Ngari Thuo alias Ngari Thuu (Deceased) (Succession Appeal E016 of 2023) [2025] KEHC 16450 (KLR) (12 November 2025) (Ruling)
✦ The application for stay is partly allowed, and the status quo should be maintained pending appeal.
-
In re Estate of Njugi Wang'ondu Mariga (Deceased) (Succession Cause 14 of 2019) [2025] KEHC 16318 (KLR) (12 November 2025) (Ruling)
✦ The application is allowed, and an injunction is issued restraining the first administrator and her agents from interfering with the estate of the deceased. The first administrator is ordered to account for her management of the estate within a specified period. The committal of the first administrator to civil jail is declined.
-
In re Estate of Kimitei Chirchir (Deceased) (Succession Cause 29 of 2016) [2025] KEHC 16299 (KLR) (12 November 2025) (Ruling)
✦ The court declined to grant the review application, finding that the grounds cited by the Applicant were appellate in nature and not allowed in a Review Application.
-
In re Estate of Wanjiru Muberi Kimani (Deceased) (Succession Cause 468 of 2008) [2025] KEHC 16303 (KLR) (12 November 2025) (Ruling)
✦ The application is dismissed with no proof of service of the application upon the Respondent.
-
In re Estate David Kipkemoi Korir (Deceased) (Succession Cause 50 of 2017) [2025] KEHC 16317 (KLR) (12 November 2025) (Ruling)
✦ The court lacks jurisdiction to determine the Application and strikes it out.
-
In re Estate of Tabutany Tesol (Deceased) (Succession Cause 62A of 2022) [2025] KEHC 16298 (KLR) (12 November 2025) (Ruling)
✦ All objections and preliminary objections are dismissed. Titles from Kericho/Silibwet/779 are cancelled. Objectors are allowed to move the court after regularizing their ownership status.
-
In re Estate of Joseph Wanjala Chalichali (Deceased) (Miscellaneous Succession Cause E007 of 2024) [2025] KEHC 16264 (KLR) (12 November 2025) (Judgment)
✦ The High Court lacks original jurisdiction to revoke the grant and the proper forum is the Kakamega Chief Magistrate's Court.
-
In re Estate of Kiplangat Arap Maina (Deceased) (Succession Cause 11 of 2019) [2025] KEHC 16171 (KLR) (11 November 2025) (Ruling)
✦ The Protest dated 29th May 2025 is dismissed as res judicata. The deceased's estate will be distributed according to the Petitioners' proposed mode of distribution.
-
Korir v Ngeny (Succession Cause 65 of 2016) [2025] KEHC 16169 (KLR) (11 November 2025) (Ruling)
✦ The Rectified Grant is revoked due to fraud and irregular distribution
-
In re Estate of Mark Agero (Deceased) (Succession Cause 2193 of 2003) [2025] KEHC 17204 (KLR) (Family) (11 November 2025) (Ruling)
✦ The application to revoke the grant is dismissed, and the parties are ordered to pursue the issuance of a vesting order as per the Magistrate Court - ELC Court judgment.
-
In re Estate of Joel Kipkemoi Ngeno (Deceased) (Succession Cause E024 of 2021) [2025] KEHC 16269 (KLR) (11 November 2025) (Judgment)
✦ The Grant is revoked and a fresh Grant is issued in the joint names of the Petitioner and the Objector
-
Antony Karukenya Njeru v Njeru & another (Miscellaneous Succession Cause E001 of 2022) [2025] KEHC 16355 (KLR) (11 November 2025) (Ruling)
✦ The earlier summons for conrmation of grant intestate dated 16th May 2023 are hereby marked as withdrawn. The 1st Administrator/Applicant, Antony Karukenya Njeru, is granted leave to file, jointly with the other administrators, fresh Summons for Conrmation of Grant intestate within forty-ve (45) days of this date.
-
In re Estate of Kipsoi Arap Chepkoimet (Deceased) (Succession Cause 2 of 2017) [2025] KEHC 16389 (KLR) (11 November 2025) (Ruling)
✦ The land will be distributed as per the Survey Report filed on 15th July 2024, with specific areas allocated to each beneficiary.
-
In re Estate of Joseph Makau Maingi (Deceased) (Succession Cause 426 of 2012) [2025] KEHC 16191 (KLR) (Family) (10 November 2025) (Ruling)
✦ The Court orders the rectification of the description of the property, the inclusion of 50 acres for the purchaser, the allocation of a specific fraction of the total shareholding to each beneficiary, and the rectification to amalgamate the shares to cater for beneficiaries without CDC accounts.
-
Naitera & 3 others v Naitera (Succession Cause 2183 of 1995) [2025] KEHC 16189 (KLR) (Family) (10 November 2025) (Ruling)
✦ The application is partly allowed. The Respondent is directed to file the accounts detailing the proceeds from the sale of Nairobi/Block 79/346, Njiru Plot, through an Affidavit within 60 days of this ruling. If the accounts are not submitted within the specified period, the amount of Kshs.5,150,000/- will be considered as the Applicants' share and is to be paid to the applicants' lawyer upon the lapse of time. Each party shall bear own costs of the application.