Kenyan case law

In re Estate of Samuel Maina Gatonga alias Maina Gatonga (Deceased) (Succession Cause 361 of 2001) [2025] KEHC 16045 (KLR) (Family) (6 November 2025) (Ruling)

✦ The application is dismissed with no orders as to costs. The administrators are directed to transmit the estate to the beneficiaries within 45 days from the date of the ruling.

In re Estate of Johana Ruto Morogo (Deceased) (Succession Cause 580 of 2010) [2025] KEHC 16319 (KLR) (6 November 2025) (Ruling)

✦ The summons for confirmation of grant is dismissed, and the grant is confirmed with the property distributed as specified.

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✦ The case is withdrawn from the Maseno Senior Principal Magistrate’s Court and transferred to Kombewa Law Courts.

In re Estate of George Sammy Eshiwani (Deceased) (Succession Cause 483 of 2015) [2025] KEHC 15808 (KLR) (6 November 2025) (Ruling)

✦ The court orders that the DNA testing be carried out and that the applicants are authorized to withdraw up to Ksh 100,000 from the deceased's accounts for this purpose.

In re Estate of the Late Cheche Mwangi alias Simon Cheche Mwangi (Deceased) (Succession Cause 554 of 1995) [2025] KEHC 16195 (KLR) (Family) (6 November 2025) (Ruling)

✦ The caution against the land should remain until the rights of Monica Mirigo's estate are determined.

In re Estate of Martin Nyamunga Ojwang - (Deceased) (Miscellaneous Succession Application 388 of 2025) [2025] KEHC 15930 (KLR) (6 November 2025) (Ruling)

✦ The case is withdrawn from the Maseno Senior Principal Magistrate’s Court and transferred to Kombewa Law Courts.

In re Estate of Nicholaus Olawo Okonji - (Deceased) (Miscellaneous Succession Application 391 of 2025) [2025] KEHC 15929 (KLR) (6 November 2025) (Ruling)

✦ The matter is withdrawn from the Maseno Senior Principal Magistrate’s Court and transferred to Kombewa Law Courts.

In re Estate of Jafeth Ongondo Odero (Deceased) (Miscellaneous Succession Application 403 of 2025) [2025] KEHC 16096 (KLR) (6 November 2025) (Ruling)

✦ The matter is closed and the file is marked as closed.

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✦ The matter is withdrawn from the Maseno Senior Principal Magistrate’s Court and transferred to Kombewa Law Courts.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.

In re Estate of Enock Owiti Okanja - (Deceased) (Miscellaneous Succession Application 396 of 2025) [2025] KEHC 15928 (KLR) (6 November 2025) (Ruling)

✦ The matter is withdrawn from the Maseno Senior Principal Magistrate’s Court and transferred to Kombewa Law Courts.

In re Estate of Julius Arnold Sanga Kai (Deceased) (Succession Cause E939 of 2021) [2025] KEHC 16031 (KLR) (Family) (6 November 2025) (Directions)

✦ The grant dated 26th July 2021 is confirmed and cannot be revoked. Limited letters of administration are not granted due to the existence of a confirmed grant.

Karumba & another v Kungu & 3 others (Succession Cause 138 of 1983) [2025] KEHC 16130 (KLR) (Family) (6 November 2025) (Ruling)

✦ The court denies the stay of proceedings pending appeal and denies costs.

In re Estate of M'Mbwiria M'Muthaura (Deceased) (Succession Cause 351 of 2008) [2025] KEHC 16166 (KLR) (6 November 2025) (Ruling)

✦ The grant cannot be annulled as there is no evidence of fraud or concealment of material facts. The applicants cannot seek to benefit twice from the estate.

In re Estate of Gabriel Mithamo Ndunyu (Deceased) (Succession Cause 718 of 2017) [2025] KEHC 16194 (KLR) (Family) (6 November 2025) (Ruling)

✦ The court stays proceedings and execution of any orders issued in Nairobi RRT 1900/2023 and Mombasa BPRT 091/25 pending the hearing and determination of the application for revocation and distribution of the estate.

In re Estate of Mutheki Muchonjoru (Deceased) (Succession Cause 23 of 2020) [2025] KEHC 15937 (KLR) (6 November 2025) (Ruling)

✦ The court confirms the grant of the estate and directs its distribution according to the number of children in each house, with the widows added as additional units.

In re Estate of Kago Kahoma (Deceased) (Succession Cause 926 of 2007) [2025] KEHC 16266 (KLR) (6 November 2025) (Ruling)

In re Estate of Elizabeth Tabuitany Chebomui (Deceased) (Succession Cause 221 of 2004) [2025] KEHC 16044 (KLR) (Family) (6 November 2025) (Ruling)

✦ The application is dismissed with no order as to costs.

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.

In re Estate of Josiah Nduati Muchiri (Deceased) (Succession Cause 131 of 2016) [2025] KEHC 16128 (KLR) (6 November 2025) (Ruling)

✦ The application for revocation of the grant is allowed, and the applicant is appointed as the administrator.

In re Estate of the Late Julius Kairu Kamau (Deceased) (Succession Cause 2295 of 2015) [2025] KEHC 16196 (KLR) (Family) (6 November 2025) (Ruling)

✦ The estate will be distributed to the deceased's heirs and beneficiaries, with the two sold properties remaining the deceased's free properties.

In re Estate of Mawere Nyambara (Deceased) (Succession Cause 5 of 2020) [2025] KEHC 15718 (KLR) (5 November 2025) (Ruling)

✦ The application is dismissed with no orders as to costs, as the applicants' application lacks merit.

In re Estate of Ibrahim Likabo Muhieso (Succession Cause 172 of 2008) [2025] KEHC 15750 (KLR) (5 November 2025) (Ruling)

✦ The court ordered that Judith Nyawina as legal representative of Clement Boyia Likabo (deceased) gets one-third share of L.R. No. Kakamega/Shitochi/1064, and two-thirds share of L.R. No. Kakamega/Virembe/761. The other two sons get two-thirds share of both lands.

Wahome v Mosoti (Succession Appeal E004 of 2025) [2025] KEHC 15717 (KLR) (5 November 2025) (Ruling)

✦ The application is dismissed as it is misconceived and exists for the sole purpose of being dismissed.

In re Estate of Gladis Muguru Gakinya alias Gladys Muguru Gakinya alias Glasys Muguru Gakinya (Deceased) (Succession Cause E018 of 2024) [2025] KEHC 16034 (KLR) (5 November 2025) (Judgment)

✦ The court held that the 1st protestor is not entitled to inherit the parcels in question as she has not proven that she was the wife of the deceased's son, Harrison Murangi Gakinya.

In re Estate of Thomas Muthambi Alfayo Mutengani (Deceased) (Succession Cause E002 of 2023) [2025] KEHC 15901 (KLR) (5 November 2025) (Ruling)

✦ The estate of the deceased shall be distributed according to the proposed schedule of distribution contained in paragraph 5 of the supporting affidavit. A certificate of confirmation of grant will be issued.