Kenyan case law

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 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.

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 Bernard Peter Odipo (Deceased) (Succession Cause E008 of 2021) [2025] KEHC 15715 (KLR) (4 November 2025) (Ruling)

✦ The court declared the applicants and their children as the beneficiaries of the estate and distributed the assets as proposed by the applicant.

M’Mwongera v M’mungania (Succession Cause 140 of 2011) [2025] KEHC 15950 (KLR) (4 November 2025) (Ruling)

✦ The court lacks jurisdiction to hear the eviction application as it is a matter for the Environment and Land Court.

In re Estate of Joseph Nderitu Kingori (Deceased) (Succession Cause 3 & 4 of 2017 (Consolidated)) [2025] KEHC 15953 (KLR) (4 November 2025) (Ruling)

In re Estate of Javan Okeno Namoyi alias Javan Okeno (Deceased) (Succession Cause 256 of 2016) [2025] KEHC 15814 (KLR) (4 November 2025) (Judgment)

✦ The grant of letters of administration to Norman Wabwera Okeno was revoked, and the estate should be shared equally among the children of the deceased.

In re Estate of Francis Mwangi Mwaura (Deceased) (Succession Cause 193 of 2017) [2025] KEHC 16129 (KLR) (4 November 2025) (Ruling)

✦ I am persuaded that the deceased had commenced a process of sale of the properties sought to be transferred to various parties, and accordingly, I find favour with and allow the summons revocation of grant dated 13th January, 2025 in terms of prayers (1), (2), (3) (a), (b) and (c) on the summons.

In re Estate of the Late Luka Shisanya Chibini (Deceased) (Succession Cause 948 of 2007) [2025] KEHC 15933 (KLR) (4 November 2025) (Ruling)

✦ The court dismisses the application and advises the petitioner to consider filing a fresh summons for rectification of the grant.

In re Estate of Heinz Rubi (Deceased) (Succession Cause E078 of 2024) [2025] KEHC 15638 (KLR) (4 November 2025) (Ruling)

✦ The grant of letters of administration intestate issued on 6th February 2025 is revoked.

In re Estate of Peter Clement Kamau Gitau alias Peter C Kamau Gitau (Deceased) (Succession Cause 201 of 2015) [2025] KEHC 18574 (KLR) (Family) (4 November 2025) (Ruling)

✦ The court allows the application for rectification of the grant of representation to include the new asset, and orders the rectification to be made immediately.

In re Estate of the Late Ayub Wakhanu (Deceased) (Succession Cause 749 of 2011) [2025] KEHC 15881 (KLR) (4 November 2025) (Judgment)

✦ The court confirms the grant of letters of administration, but modifies the mode of distribution to respect the deceased's lifetime allocation and exclude the daughters

In re Estate of Martha Ngendo Zachary Wanjeru alias Ngendo Kimani (Deceased) (Succession Cause 703 of 2007) [2025] KEHC 15932 (KLR) (4 November 2025) (Ruling)

✦ The application is granted and a further reviewed certificate of confirmed grant shall issue as proposed in paragraph 21 of the supporting affidavit.

In re Estate of Kiptalam Arap Rono (Deceased) (Succession Cause 179 of 2014) [2025] KEHC 15844 (KLR) (3 November 2025) (Ruling)

✦ The court will not rectify the grant of probate and confirmation of the certificate of confirmation as the applicants have not shown compelling evidence of a mistake or error apparent on the face of the record.

In re Estate of Francis Omuzee Asindu (Deceased) (Succession Cause 15 of 2010) [2025] KEHC 15716 (KLR) (3 November 2025) (Ruling)

In re Estate of M’itimitu Mutuamwari M’tharanju (Deceased) (Succession Cause 10 of 2015) [2025] KEHC 15970 (KLR) (3 November 2025) (Ruling)

✦ The application is struck out as the applicant lacks the locus standi to institute the application.

In re Estate of Agnes Wayua (Deceased) (Succession Cause E009 of 2024) [2025] KEHC 16234 (KLR) (3 November 2025) (Ruling)

✦ The grant of probate is revoked due to the non-disclosure of the pending appeal and the defective process.

In re Estate of Eliakim Egadize Lwangu (Deceased) (Succession Cause 252 of 2003) [2025] KEHC 15900 (KLR) (3 November 2025) (Ruling)

✦ The application for review is not merited.

Mutua & 3 others v Mutisya & another (Succession Cause 547 of 2012) [2025] KEHC 15914 (KLR) (3 November 2025) (Ruling)

✦ The court finds that the objector has not sufficiently defended the summons application. Her grounds of opposition are general and unsupported by evidence, failing to meet the threshold required to challenge the applicants' claim.

In re Estate of Muchelwa Sholosi (Deceased) (Succession Appeal E028 of 2024) [2025] KEHC 15815 (KLR) (3 November 2025) (Judgment)

✦ The court held that the trial court properly applied the principles under section 76 of the Law of Succession Act on revocation of grants.

In re Estate of Solomon Otsieng’i Wanyanga (Deceased) (Succession Cause 2 of 2023) [2025] KEHC 15846 (KLR) (3 November 2025) (Ruling)

✦ The application for confirmation of grant is allowed, and the estate will be distributed as proposed.

In re Estate of the Late of Lucy Gathoni Wainaina alias Gathoni Wainaina (Succession Cause 371 of 2008) [2025] KEHC 15952 (KLR) (3 November 2025) (Ruling)

✦ Application dismissed with no order as to costs, Administrator directed to file and serve an Application for Conrmation of the Grant within 14 days.

Matheka & another v Heho & another (Succession Appeal E008 of 2023) [2025] KEHC 15817 (KLR) (3 November 2025) (Judgment)

✦ The appeal is dismissed with costs as the objection was premature and not ripe for determination.

In re Estate of Samwel Ndegwa Muchiri (Deceased) (Succession Cause 111 of 2019) [2025] KEHC 19274 (KLR) (3 November 2025) (Ruling)

✦ The court confirms the Grant of Letters of Administration to James Mwaura Ndegwa and appoints him as personal representative of the deceased's estate.

In re Estate of John Kipkoech Maritim alias John Kipkoech Martim (Deceased) (Succession Cause 148 of 2010) [2025] KEHC 15845 (KLR) (3 November 2025) (Ruling)

✦ The court finds that the application for rectification of the grant cannot be dealt with under section 74 of the Law of Succession Act and should have been made under Order 45 of the Civil Procedure Rules.