Kenyan case law
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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 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.
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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 Salim Kimutai Chebii (Succession Cause 283 of 2013) [2025] KEHC 11976 (KLR) (11 August 2025) (Judgment)
✦ The court finds it necessary to suspend the confirmation of grant pending the resolution of asset identification and ownership issues.
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In re Estate of Barnabas Tuitoek Bargoria (Deceased) (Succession Cause E120 of 2022) [2025] KEHC 11978 (KLR) (11 August 2025) (Ruling)
✦ The court finds that the respondents are intermeddling with the estate and issues orders to restrain further dealings with the property.
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In re Estate of Lulei Rono (Deceased) (Succession Cause E052 of 2024) [2025] KEHC 11886 (KLR) (11 August 2025) (Ruling)
✦ The court finds that the conditions for revocation as set out under section 76 of the Law of Succession Act are not met, and the grant of Letters of Administration cannot be revoked.
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Baliat & another (Succession Cause 9 of 2010) [2025] KEHC 11887 (KLR) (11 August 2025) (Ruling)
✦ The Court allows the summons for conrmation and certicate of conrmed grant.
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In re Estate of Barnabas Tuitoek Bargoria (Deceased) (Succession Cause E120 of 2022) [2025] KEHC 11998 (KLR) (11 August 2025) (Ruling)
✦ The court finds that the respondents are intermeddling with the estate of the deceased and issues orders to restrain further dealings with the said property.
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In re Estate of Vincent Komurgor (Deceased) (Succession Cause 193 of 2003 & 317 of 2009 (Consolidated)) [2025] KEHC 11824 (KLR) (8 August 2025) (Ruling)
✦ The court finds that the previous order cannot be reviewed as the grant was non-existent and the petitioners' claims are not supported by the evidence.
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In re Estate of the Late Mukesh Kesha Vji Shah (Deceased) (Miscellaneous Succession Cause E37 of 2023) [2025] KEHC 11781 (KLR) (7 August 2025) (Ruling)
✦ The court revokes the appointment of the initial administrator and appoints the applicants as new administrators to distribute the estate's assets to the deceased's children in equal shares.
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In re Estate of Njoroge (Deceased) (Succession Cause E017 of 2022) [2025] KEHC 19395 (KLR) (7 August 2025) (Ruling)
✦ The application for stay of execution is allowed, but only limited to paragraph 43 and paragraph 46 of the ruling, and the entitlement of Paul Koigi Kanyora is to be deposited in Court.
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In re Estate of Simon Koima Cheserk (Deceased) (Succession Cause 223”B” of 2007) [2025] KEHC 11807 (KLR) (7 August 2025) (Ruling)
✦ The grant of letters of administration to Flora Koima and Kimoi Koima is revoked, and a new grant in the names of Francis K. Koima, Gideon K Koima, and Joseph K. Koima is issued.
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In re Estate of Kipchirchir Arap Chepchoi (Deceased) (Succession Cause 199 of 2010) [2025] KEHC 11879 (KLR) (7 August 2025) (Ruling)
✦ The grant of letters of administration and the certification of confirmation obtained are revoked and annulled.
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In re Estate of the Late Henry Pondi Sanya (Deceased) (Succession Cause E070 of 2024) [2025] KEHC 11770 (KLR) (7 August 2025) (Ruling)
✦ A temporary injunction is issued pending the hearing of the summons of revocation of grant, allowing the parties to explore alternative dispute resolution mechanisms. If the conflict is not resolved, compelling evidence must be filed to subject the grant to review under section 80 of the CPA and Order 45 Rule 1 of the Civil Procedure Rules.
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In re Estate of Late Alexander Chimungeni Austine Agutu (Deceased) (Succession Cause 101 of 1994) [2025] KEHC 11771 (KLR) (6 August 2025) (Ruling)
✦ The court confirms the grant of probate and confirms the proposed mode of distribution of the estate.
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In re Estate of John Sylvah Olwochi (Deceased) (Succession Cause E008 of 2024) [2025] KEHC 11839 (KLR) (5 August 2025) (Ruling)
✦ The application to amend the interlocutory application is dismissed as it constitutes abuse of court process.
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In re Estate of Naran Lakhman Ravji (Deceased) (Succession Cause E020 of 2020) [2025] KEHC 11618 (KLR) (4 August 2025) (Ruling)
✦ The applicants are entitled to reasonable provision from the estate of the deceased as they are dependants of the deceased within the meaning of section 29 of the Law of Succession Act.
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In re Estate of the Late Hellen Chepkosgei Kimrgor (Deceased) (Succession Cause 76'A" of 2010) [2025] KEHC 11664 (KLR) (4 August 2025) (Ruling)
✦ The cautions registered by the objectors against the land should be removed to allow the transmission of the land to the applicants.
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In re Estate of Chepkeitany Chesaire (Deceased) (Succession Cause 184 of 2002) [2025] KEHC 11587 (KLR) (4 August 2025) (Ruling)
✦ The grant is not annulled, but the distribution of the intestate estate is set aside for the listed beneficiaries. The administrators are advised to file an amended distribution matrix within 21 days.
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In re Estate of Philip Wachira Koigu alias Wachira Koigu (Deceased) (Succession Cause 883 of 2009) [2025] KEHC 11861 (KLR) (1 August 2025) (Judgment)
✦ Plot 203 does not form part of the estate of the Deceased and cannot be taken into account in distribution of the estate.
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In re Estate of Michael Kiptoo Kebenei (Deceased) (Succession Cause 387 of 2012) [2025] KEHC 13862 (KLR) (1 August 2025) (Ruling)
✦ The court grants the objector's application for a stay of execution pending the hearing and determination of the Administrators' intended appeal, but limits the stay to six months.
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In re Estate of Alexander Tarus Kipsang (Deceased) (Succession Cause 105 of 2019) [2025] KEHC 11441 (KLR) (1 August 2025) (Judgment)
✦ The Court will appoint a co-administrator from the Objectors' side, and the estate will be distributed equally among the surviving children.
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In re Estate of the Late Cherotich Lango Kikwai (Deceased) (Succession Cause 440 of 2013) [2025] KEHC 11388 (KLR) (31 July 2025) (Ruling)
✦ The petitioners are creditors to the estate and are entitled to administer it. The grant of letters of administration is confirmed with the distribution of the estate as per the petitioners' application.
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In re Estate of Nicholas Mworia Mwereria (Deceased) (Succession Cause 143 of 2009) [2025] KEHC 11692 (KLR) (31 July 2025) (Ruling)
✦ The application is allowed, and the rent income from B11/165 will be deposited in an Equity Bank Account, and rent from B1/348 will be deposited in a joint account.
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In re Estate of Kipkoech Arap Cherorot alias Kipkoech A Cherorot (Deceased) (Succession Cause 138 of 2014) [2025] KEHC 11497 (KLR) (31 July 2025) (Judgment)
✦ The summons for confirmation of grant is allowed, and the most fair and equitable mode of distribution is as set out in the affidavit filed in support of the summons.