Kenyan case law
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In re Estate of M’Ikiungu Kibwaa (Deceased) (Succession Appeal E004 of 2024) [2025] KEHC 11521 (KLR) (29 July 2025) (Judgment)
✦ The Court found that the subject parcel was gifted to the Respondent and that the deceased intended Land Parcel No. Abothuguchi/Gaitu/1402 to be reserved for his sons.
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Taib v Shafi (Succession Appeal E017 of 2021) [2025] KEHC 11256 (KLR) (29 July 2025) (Ruling)
✦ The appeal is struck out with no order as to costs
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In re Estate of Hajir Maalim Ibrahim (Succession Cause E091 of 2023) [2025] KEKC 27 (KLR) (28 July 2025) (Judgment)
✦ The plot will be valued at Ksh 7,300,000 and divided into 15 equal shares. Each son receives 13.33% and each daughter receives 6.67%. The 1st Respondent is granted the first right of refusal to pay the other heirs their shares.
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Muriuki & another v Makara & another (Succession Cause 328 of 1996) [2025] KEHC 11292 (KLR) (28 July 2025) (Ruling)
✦ The grant should not be revoked or annulled as the Applicants do not provide any evidence of untrue allegations of material facts. The court also notes that the 2nd and 3rd houses were to equally share the properties.
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In re Estate of Wachira Mithamo alias Wilson Wachira Mithamo (Deceased) (Succession Cause E024 of 2023) [2025] KEHC 11795 (KLR) (28 July 2025) (Judgment)
✦ The court found that the deceased had made provision for his female beneficiaries and that the land Iriaini/Kairia/380 was part of his estate. The protestors were not entitled to a share in the land.
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In re the Estate of the Late Ellah Mwihaki Gichuru alias Ellah Mwihaki Gatheru (Deceased) (Succession Cause 474 of 2016) [2025] KEHC 11093 (KLR) (28 July 2025) (Ruling)
✦ The application is dismissed with no orders as to costs.
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In re Estate of Khisa Joseph Leo Khaemba (Deceased) (Succession Cause 161 of 2012) [2025] KEHC 11006 (KLR) (28 July 2025) (Ruling)
✦ The application is meritorious and the grant is rectified to include the parcel Uasingishu/Ngenyilel/1622 as part of the deceased's estate. The property is distributed and registered in the name of Linah Jepkorir Chumba.
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Saalyha General & Auto Supplies Limited v Lake Lubes Limited (Succession Appeal E001 of 2025) [2025] KEHC 10862 (KLR) (25 July 2025) (Ruling)
✦ The appeal is competent and the appellant will suffer substantial loss if the stay is not granted. The application for stay of execution is granted with conditions.
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In re the Estate of Kombo Jumaa Mzee (Deceased) (Succession Cause E074 of 2022) [2025] KEHC 11387 (KLR) (25 July 2025) (Ruling)
✦ The application is dismissed as the Rules do not permit objections to be filed after the grant has been issued.
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In re Estate of Gatundu Wanjagi alias Edward Gatundu Wanjagi (Deceased) (Succession Cause 1665 of 2002) [2025] KEHC 11030 (KLR) (Family) (25 July 2025) (Ruling)
✦ The application is allowed with the following terms: the respondent will file accounts of his dealings with the estate and rental income, the administrators will open a joint interest account, the rental income will be deposited into the account, tenants will deposit rent into the account, the applicant will file a protest affidavit, and the matter will be mentioned on 15th October 2025.
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In re Estate of Paul Kinyanjui Kimuhu (Miscellaneous Succession Application E233 of 2024) [2025] KEHC 19284 (KLR) (25 July 2025) (Ruling)
✦ The court grants the Applicants leave to appeal out of time and orders a stay of execution of the Certificate of Confirmation of Grant.
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In re Estate of Martin Okwaro Arodi alias William Martin Okwaro (Deceased) (Miscellaneous Succession Application E013 of 2024) [2025] KEHC 10881 (KLR) (25 July 2025) (Ruling)
✦ The Court determined that the 2025 application should not proceed as it was a matter that had been settled through viva voce evidence by Majanja J in 2016.
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In re Estate of Mariam Ali (Deceased) (Succession Cause E2318 of 1998) [2025] KEHC 10951 (KLR) (Family) (25 July 2025) (Ruling)
✦ The 2020 grant should not be revoked
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In re Estate of Nichodemus Okwaro Kendo - Deceased (Succession Cause 64 of 2010) [2025] KEHC 10979 (KLR) (25 July 2025) (Ruling)
✦ The application is dismissed with no orders as to costs.
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In re Estate of Raphael Maganjo (Deceased) (Miscellaneous Succession Application E008 of 2024) [2025] KEHC 10900 (KLR) (24 July 2025) (Ruling)
✦ The Court finds that the Applicant has not demonstrated any legal or factual basis for the estate to bear the financial obligations she claims.
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In re Estate of Iren Amakobe Oludanga (Deceased) (Succession Cause 84 of 2004) [2025] KEHC 11195 (KLR) (24 July 2025) (Ruling)
✦ The grant of letters of administration should be revoked due to the petitioner's failure to disclose the applicant as a beneficiary and the grant becoming useless and inoperative following subsequent circumstances.
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In re Estate of the Late Sylvester Munialo Wekesa (Deceased) (Miscellaneous Succession Cause E003 of 2021) [2025] KEHC 10924 (KLR) (24 July 2025) (Ruling)
✦ Application dismissed with no order as to costs. Applicant should have filed her application in Succession Cause No. 393 of 2017.
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In re Estate of Francis Mugambi Mungori M'Imanene (Deceased) (Succession Cause E026 of 2021) [2025] KEHC 10950 (KLR) (23 July 2025) (Ruling)
✦ The application and preliminary objection are dismissed as they are not pure points of law and require further directions.
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In re Estate of Masai Salimban (Deceased) (Succession Cause 34 of 2013) [2025] KEHC 11084 (KLR) (23 July 2025) (Ruling)
✦ The motion for stay of execution pending appeal is denied.
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In re Estate of Stanley Mbaabu (Deceased) (Succession Cause 96 of 2016) [2025] KEHC 10917 (KLR) (23 July 2025) (Judgment)
✦ The estate properties shall be distributed as follows: Plot No. 44 to go wholly to Evans Mutwiri Mbaabu and Dennis Mwenda Mbaabu; Plot No. 229 to go to Kelvin Matumbi Mbaabu; and the other estate properties to be shared equally among the 8 beneficiaries.
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In re Estate of the Late Njeri Tara Das (Deceased) (Succession Cause E123 of 2024) [2025] KEHC 10770 (KLR) (23 July 2025) (Ruling)
✦ The Petition for Grant of Letters of Administration should be struck out.
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In re Estate of Kanda Keture (Deceased) (Succession Cause 148 of 2008) [2025] KEHC 10706 (KLR) (23 July 2025) (Ruling)
✦ The court adopted the Petitioner's mode of distribution, sharing the land equally among the three houses.
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In re Estate of Peter Kiplangat Koech - Deceased (Succession Cause 22 of 2020) [2025] KEHC 11053 (KLR) (23 July 2025) (Judgment)
✦ The Petitioner and Philimon Cheruiyot are not beneciaries of the Estate and are not entitled to a share of the deceased’s estate.
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In re Estate of Moses Nzai Nathaniel (Deceased) (Succession Cause 14 of 2020) [2025] KEHC 11389 (KLR) (23 July 2025) (Ruling)
✦ The orders were set aside and the application dismissed, with the respondents/applicants ordered to pay Kes.25,000/- as thrown away costs within 14 days.
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In re Estate of Boniface Opondo Ongeri (Deceased) (Succession Cause 63 of 1990) [2025] KEHC 10758 (KLR) (23 July 2025) (Ruling)
✦ The court found that the grant should not be revoked, as there was no evidence of fraud or concealment of material facts.