Kenyan case law
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In re Estate of Hellen Chepkoech (Deceased) (Succession Cause 57 of 2010) [2025] KEHC 12443 (KLR) (8 September 2025) (Order)
✦ The date of the status conference is substituted from 30th September 2025 to 17th September 2025.
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In re Estate of the Late George Gituchu Icharia (Succession Cause E033 of 2021) [2025] KEHC 12834 (KLR) (4 September 2025) (Ruling)
✦ The court directs that all beneficiaries, specifically the children and grandchildren of the deceased, appear in court on the next mention date for further directions.
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In re Estate of M’rukaria M’turuchiu (Deceased) (Succession Cause 14 of 2023) [2025] KEHC 12446 (KLR) (4 September 2025) (Ruling)
✦ The court directs the petitioner to present the original will within a specified time, and the application is disallowed but without costs.
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In re Estate of James Mwendia Njogu (Deceased) (Succession Cause 341 of 2012) [2025] KEHC 12399 (KLR) (3 September 2025) (Ruling)
✦ The application is dismissed as an abuse of the court process
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In re Estate of James Dennis Akumu (Deceased) (Succession Cause 1036 of 2017) [2025] KEHC 12502 (KLR) (3 September 2025) (Judgment)
✦ The grant of letters of administration is confirmed, with the ancestral land Kisumu/Kogutu/2253 to be registered in the joint names of Ruth Eleanor Wright Akumu and Grace Adhiambo Akumu, to be held in trust for themselves and their children.
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In re Estate of Micere Karani Kubunya (Deceased) (Succession Cause E007 of 2025) [2025] KEHC 12425 (KLR) (3 September 2025) (Ruling)
✦ The Court grants the petitioner the Grant of Letters of Administration ad litem to pursue the deceased's interest in the estate, limited to filing or defending the suit.
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In re Estate of JNM (Deceased) (Succession Cause E650 of 2023) [2025] KEHC 12472 (KLR) (Family) (3 September 2025) (Ruling)
✦ The court does not order the exhumation of the deceased's body but orders a sibling DNA test between the children of Esther and the deceased's children.
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In re Estate of Musa Magodo Kenya (Deceased) (Succession Cause 1251A of 2019) [2025] KEHC 12459 (KLR) (Family) (3 September 2025) (Ruling)
✦ The court ordered Equity Bank Kenya Limited and CFC Stanbic Bank to pay the sum of Kshs. 16,886,656.00 from the undermentioned accounts to the applicant.
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In re Estate of Chinjigu Kainika (Deceased) (Succession Cause E584 of 2020) [2025] KEHC 12458 (KLR) (3 September 2025) (Judgment)
✦ The will is valid and the estate will be distributed as per the will dated 26th August, 2016.
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In re Estate of Ben Kugwa alias Kugua (Deceased) (Succession Appeal E026 of 2023) [2025] KEHC 12549 (KLR) (3 September 2025) (Judgment)
✦ The appeal is dismissed as the review application did not meet the Order 45 threshold and there was no delay
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In re Estate of Felix Mathenge (Deceased) (Succession Cause 123 of 2013) [2025] KEHC 12426 (KLR) (3 September 2025) (Ruling)
✦ The court finds the preliminary objection improperly raised and strikes it out. The application is allowed.
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In re Estate of Mary Chesiro Yebei alias Maria Chesiro Yabei (Deceased) (Succession Cause 93 of 2012) [2025] KEHC 12356 (KLR) (3 September 2025) (Ruling)
✦ The court allows the summons for confirmation dated 28th May 2025 and grants the jurisdiction to order rectification of the grant dated 26th June 2025.
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In re Estate of Musa Magodo Kenya (Deceased) (Succession Cause 1251A of 2019) [2025] KEHC 12500 (KLR) (Family) (3 September 2025) (Ruling)
✦ The application by Alice Ingaiza Magodo is dismissed as it is overtaken by events in view of the court's decision in a garnishee application dated 30th May, 2025.
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In re Estate of Stephen Taraiya Kapande (Deceased) (Succession Cause 35 of 2019) [2025] KEHC 12374 (KLR) (2 September 2025) (Judgment)
✦ The court found that HNK did not prove she was married to the deceased, and thus she is not a beneficiary of the estate. The court also found that PMA was not a dependant of the deceased.
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In re Estate of Gideon Boen Kimarta alias Gedeon (Deceased) (Succession Cause E051 of 2023) [2025] KEHC 12305 (KLR) (1 September 2025) (Ruling)
✦ The application is merited and an enlargement of time of 10 days be and is hereby allowed for the Applicants to read in and read out the proposed model of distribution and file one in concurrence or in objection but abide with the provisions of the law.
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In re Estate of Rahmatalli Abdula Wallimohamed alias Rahmatalli Abdula (Deceased) (Succession Cause 2285 of 2010) [2025] KEHC 12235 (KLR) (Family) (29 August 2025) (Ruling)
✦ The application is allowed, and the Certificates of Grant are rectified and reviewed as requested.
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In re Estate of Ali Hirey Abdi (Deceived) (Succession Cause 2 of 2018) [2025] KEKC 28 (KLR) (25 August 2025) (Judgment)
✦ The lawful heirs are the widow and ten children. Plot 1522B is part of the estate. The respondent has unlawfully occupied and enjoyed proceeds of the estate. The estate must be sold and proceeds distributed according to Islamic law.
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In re Estate of Henry Masingu Shikuri alias Masingu Shikuri (Deceased) (Succession Appeal E002 of 2025) [2025] KEHC 13151 (KLR) (22 August 2025) (Ruling)
✦ The court dismissed the application for stay of execution, finding that the appellant failed to demonstrate substantial loss and provided no security, and the delay in bringing the application was unreasonable.
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In re Estate of Eripon Joseph Lotunyeny (Decesaed) (Succession Cause E006 of 2024) [2025] KEMC 223 (KLR) (18 August 2025) (Ruling)
✦ The respondent is required to surrender the properties for the succession cause so that the Administrator can proceed to the confirmation hearing and distribute the estate.
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In re Estate of Jonathan Maritim Sirorei (Deceased) (Succession Cause E054 of 2024) [2025] KEHC 11880 (KLR) (13 August 2025) (Ruling)
✦ The grant of letters of administration was revoked due to the fraudulent acquisition and inclusion of strangers to the estate.
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In re Estate of Andagal Adolwa (Deceased) (Succession Cause E113 of 2008) [2025] KEHC 12019 (KLR) (13 August 2025) (Ruling)
✦ The court orders a trial within a trial to establish the true position regarding the current status and composition of the estate property.
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In re Estate of of the Late Alfred Arthur Duani Martineua (Deceased) (Succession Cause 154 of 1994) [2025] KEHC 12006 (KLR) (13 August 2025) (Ruling)
✦ The Executor is directed to submit a complete administration of the Estate and the Land Registrar is directed to provide a detailed account of the suit property.
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In re Estate of Suleiman Kasuti Murunga (Miscellaneous Succession Cause E132 of 2025) [2025] KEHC 12015 (KLR) (11 August 2025) (Ruling)
✦ The High Court has the power to revoke grants issued by Magistrates Courts under the provisions of the Law of Succession Act, and the lack of jurisdiction of the court that made the grant is not a provision for revocation of the grant.
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In re Kiprotich arap Tirop alias Kiprotich Tirop Philip Nyongesa (Deceased) (Succession Cause 232 of 2011) [2025] KEHC 11849 (KLR) (11 August 2025) (Ruling)
✦ The court does not have the power to review the previous order as the applicant did not meet the threshold for judicial review.
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In re Estate of the Late Charles Chemimoi Kimurgor (Deceased) (Succession Cause 31 of 2017) [2025] KEHC 11977 (KLR) (11 August 2025) (Ruling)
✦ The court granted interim conservatory and preservation orders and ordered a trial within a trial to determine the validity of the amended grant.