Kenyan case law
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In re Estate of Priscilla Wambui Gathungu (Deceased) (Succession Cause E100 of 2025) [2025] KEHC 16177 (KLR) (Family) (10 November 2025) (Ruling)
✦ The Chief of Waithaka Location is directed to provide the introductory letter within 14 days and to provide copies to the parties. The Petition for Letters of Administration Intestate dated 9th February, 2025 is approved for publication in the Kenya Gazette.
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In re Estate of felix Ndungu Mwatha (Deceased)) (Succession Cause 1797 of 2014) [2025] KEHC 16245 (KLR) (Family) (10 November 2025) (Ruling)
✦ The application to set aside the consent order is dismissed.
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In re Estate of Alfayo Mwendwa (Deceased) (Succession Cause E129 of 2021) [2025] KEHC 16230 (KLR) (10 November 2025) (Ruling)
✦ The Application is dismissed. The Administrators are directed to file and serve an Application for Confirmation of the Grant within 14 days from the date of this ruling. Status quo is ordered to be maintained pending Confirmation of the Grant and/or final transmission of the Estate.
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In re Estate of Isaac Kimene Nabea (Deceased) (Succession Cause 18 of 2019) [2025] KEHC 16596 (KLR) (10 November 2025) (Ruling)
✦ The grant is revoked, and the inhibition shall subsist pending the hearing and determination of the appeal before the Court of Appeal.
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In re Estate of Parbat Lalji Halai alias Halai Parbat Lalji Mulji (Deceased) (Succession Cause 207 of 2017) [2025] KEHC 16206 (KLR) (Family) (10 November 2025) (Ruling)
✦ The application is dismissed as it does not contest the validity or authenticity of the will, and the court has jurisdiction to hear and determine the application.
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In re Estate of Japheth Omoro Agwata (Deceased) (Succession Cause 96 of 2005) [2025] KEHC 16229 (KLR) (10 November 2025) (Ruling)
✦ The application for revocation of grant is dismissed. The issues should have been raised and resolved in the confirmation proceedings. The applicant's claims are belated.
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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.
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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.
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In re Estate of Beneah Odiemo (Deceased) (Succession Cause 49 of 2003) [2025] KEHC 16296 (KLR) (10 November 2025) (Ruling)
✦ The application is merited and the matter shall be mentioned on 16th December 2025 to monitor progress on the fresh transmission.
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In re Estate of the Late Mwangi Kamau (Deceased) (Succession Cause 36 of 2003) [2025] KEHC 16267 (KLR) (7 November 2025) (Ruling)
✦ The court overrules the Respondent and allows the summons dated 15th September, 2024, and distributes the property Olenguruone/Amalo to the beneficiaries of the deceased.
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In re Estate of Leonard Kibinge Kiruri (Deceased) (Succession Cause 626 of 2015) [2025] KEHC 16149 (KLR) (Family) (7 November 2025) (Ruling)
✦ The court upholds the preliminary objection and strikes out the application for want of jurisdiction.
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In re Estate of Josphat Mwangi Kiiru (Deceased) (Succession Cause 120 of 2009) [2025] KEHC 16103 (KLR) (7 November 2025) (Ruling)
✦ The court finds that the applicant is not an interested party and should not be joined as a party to the suit.
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In re Estate of Maina Gathuri (Deceased) (Succession Cause 792 of 2015) [2025] KEHC 16017 (KLR) (7 November 2025) (Ruling)
✦ The court finds that the applicants did not seek leave of the court to set aside the mediation settlement agreement, and therefore the application is improperly before the court.
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In re Estate of Mathew Hanny Wang'alia (Deceased) (Succession Cause 350 of 1998) [2025] KEHC 16308 (KLR) (7 November 2025) (Ruling)
✦ Mercy Wangalia is entitled to an equal share of the estate's children's share. The objector's plea is dismissed. Bokoli Mukuni/342 is left out until resolved in the correct forum. The father cannot inherit from his son.
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In re Estate of Ruparelia (Deceased) (Succession Cause 81 of 2010) [2025] KEHC 19470 (KLR) (7 November 2025) (Ruling)
✦ The grant of probate to Kassim Hussein Noor Mohamed was revoked due to fraud, and the only valid grant is the one issued on September 10, 2010.
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In re Estate of Riyaz Tajdin Rahemtulla Dhanji (Deceased) (Succession Cause 1331 2016 of 2016) [2025] KEHC 16408 (KLR) (7 November 2025) (Ruling)
✦ The court agrees with the cases that review may lie only on a mistake or error apparent on the face of the record, and not on a substantive error implicating the distribution or subject matter of the estate.
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In re Estate of Alois Rotich Chepkonga (Deceased) (Succession Cause 467 of 2015) [2025] KEHC 15940 (KLR) (7 November 2025) (Ruling)
✦ The court exercised its discretion to allow the application, arresting the delivery of the ruling scheduled for 22nd September 2025 and granting the applicants forty-five days to comply with the court's previous orders.
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In re Estate of Habel Karobia Thumi (Deceased) (Succession Cause 209 of 2012) [2025] KEHC 16186 (KLR) (7 November 2025) (Judgment)
✦ The court dismisses Monicah Muthoni Kimani's protest and finds she was not married to the deceased. The court also dismisses the protests of Catherine Igoki Irungu and Loise Karobia, finding they are not the children of the deceased's sons.
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In re Estate of Jeremiah Munga Njeru (Deceased) (Succession Cause 3055 of 2007) [2025] KEHC 15948 (KLR) (Family) (7 November 2025) (Ruling)
✦ The estate will be distributed as follows: Ngandu ancestral land to Mary Gathoni Munga, Kirinyaga home to be held in trust for all beneficiaries, and other properties to be distributed as specified.
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In re Estate of John Godhard Ichahuria Mburu (Deceased) (Succession Cause 494 of 1982) [2025] KEHC 15936 (KLR) (Family) (7 November 2025) (Ruling)
✦ The court grants the application to join the applicant as an interested party and appoint him as an administrator of the estate of the late John Godhard Ichahuria Mburu.
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In re Estate of Benjamin Kibuka Michuki (Deceased) (Succession Cause 672 of 2013) [2025] KEHC 15982 (KLR) (7 November 2025) (Ruling)
✦ The application for stay of execution is dismissed in its entirety.
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In re Estate of Hanniel Mburu Kimani alias Haniel K Mburu alias Hannie Mburu (Deceased) (Succession Cause 983 of 1999) [2025] KEHC 15947 (KLR) (Family) (7 November 2025) (Ruling)
✦ The application is dismissed. The Administrator is directed to apply for revocation of the grant under Section 76(d) of the Law of Succession Act and issuance of a fresh grant to the new administrator (s).
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In re Estate of William Odwogo Owi - (Deceased) (Miscellaneous Succession Application 397 of 2025) [2025] KEHC 15927 (KLR) (6 November 2025) (Ruling)
✦ The matter is withdrawn from the Maseno Senior Principal Magistrate’s Court and transferred to Kombewa Law Courts. The file is marked as closed.
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In re Estate of Gabriel Mithamo Ndunyu (Deceased) (Succession Cause 246 of 1996 & Miscellaneous Case E017 of 2024 (Consolidated)) [2025] KEHC 16046 (KLR) (Family) (6 November 2025) (Ruling)
✦ The court consolidated the succession cases and granted the applicants limited letters of administration to collect rents and remit land rates.
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In re Estate of Elly Odungo Rawiye alias Ogundo Rawiye (Deceased) (Miscellaneous Succession Application 400 of 2025) [2025] KEHC 16099 (KLR) (6 November 2025) (Ruling)
✦ The case is withdrawn from the Maseno Senior Principal Magistrate’s Court and transferred to Kombewa Law Courts.