Kenyan case law
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In re Estate of FMW (Deceased) (Succession Cause E313 of 2025) [2025] KEHC 10851 (KLR) (Family) (22 July 2025) (Ruling)
✦ The Preliminary Objection is dismissed.
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In re Estate of Maria Gatitu King'ori (Deceased) (Succession Cause E007 of 2022) [2025] KEHC 10885 (KLR) (22 July 2025) (Ruling)
✦ The 1st application is allowed in terms of prayer 1, and the 2nd application is allowed in the specified terms.
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In re Estate of the Late Ibrahim K Muiruri (Deceased) (Succession Cause 301 of 2009) [2025] KEHC 10591 (KLR) (21 July 2025) (Ruling)
✦ The amendment of the grant is merited as it reflects the current status of the administrators and enables the remaining administrators to efficiently administer the estate.
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In re Estate of M'Rubara M'Turuchiu alias Rubara Twaruchiu alias Riria Turuchiu (Deceased) (Succession Cause 402 of 2012) [2025] KEHC 10681 (KLR) (21 July 2025) (Ruling)
✦ The application is dismissed as the burden of proof was not met by the 2nd petitioner.
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In re Estate of Leshan Nick Ole Letoluo (Deceased) (Succession Cause E024 of 2021) [2025] KEHC 10570 (KLR) (18 July 2025) (Judgment)
✦ The Court found that Salome Naanyu Leshan Letoluo is the deceased's legal wife and that the Protester did not establish a customary marriage. The Grant was confirmed, and the Protester's actions were deemed unlawful intermeddling.
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In re Estate of Lusila Wairu Waweru (Deceased) (Succession Cause 172 of 2016) [2025] KEHC 10359 (KLR) (18 July 2025) (Ruling)
✦ The Court finds no basis to compel Emmanuel to comply with the notice to produce dated 17.3.25 and declines the prayer.
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In re Estate of MKM (Deceased) (Succession Cause 91 of 2018 & 1612 of 2019 (Consolidated)) [2025] KEHC 10275 (KLR) (Family) (18 July 2025) (Judgment)
✦ The grant of letters of administration intestate issued to SNM and EWM on 7th June 2018 is revoked and annulled.
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In re Estate of Okeya Omunyin Ebaale (Deceased) (Succession Cause 236 of 2008) [2025] KEHC 10760 (KLR) (18 July 2025) (Ruling)
✦ The property, South Teso/Amukura/1079, shall be distributed along the lines of the subdivision into South Teso/Amukura/2665, 2666, 2667, 2668 and 2669, and the prior subdivisions which resulted in South Teso/Amukura/2076 and 2077, with Charles Orupi, Paul Okeya, Bonface Ojuma Epuret, Ludovico Omunyin Okeya, Paul Okeya, Simon Emong’or and John Omuse receiving the respective portions.
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In re Estate of Boniface Okello Okumu (Deceased) (Succession Cause 288 of 2009) [2025] KEHC 10583 (KLR) (18 July 2025) (Ruling)
✦ Application for revocation of grant dismissed
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In re Estate of Raphael Charles Makokha (Deceased) (Succession Cause 106 of 2014) [2025] KEHC 10502 (KLR) (18 July 2025) (Ruling)
✦ The application for discharge is dismissed, but with no orders as to costs. The matter is to be mentioned for updates on progress in the suit.
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In re Estate of Joseph Kipkosgei Terer (Succession Cause 369 of 2014) [2025] KEHC 10507 (KLR) (18 July 2025) (Ruling)
✦ The Court dismissed the Application for want of prosecution and reinstated it. The removal of an Administrator is more akin to revocation and requires the consent of the beneficiaries.
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In re Estate of Machi Chumba (Deceased) (Succession Cause E107 of 2023) [2025] KEHC 10533 (KLR) (18 July 2025) (Ruling)
✦ The grant of Letters of Administration is confirmed, and the estate is to be divided as per the court's distribution matrix, with the surviving spouses and children receiving equal shares.
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In re Estate of Grace Gathure Githinji (Deceased) (Succession Cause 52 of 2009) [2025] KEHC 10712 (KLR) (18 July 2025) (Judgment)
✦ The court finds the application for revocation of the Grant is not res judicata and proceeds to consider the merits of the case.
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In re Estate of the Late King Arap Talam Simon (Succession Cause 333 of 2015) [2025] KEHC 10501 (KLR) (18 July 2025) (Ruling)
✦ The Court dismisses both the 1st Administrator's Notice of Motion and the 2nd and 1st Applicant's Summons for Revocation, with costs to the 2nd Administrator.
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In re Estate of Simon Ndungu Kimani (Deceased) (Succession Cause 30 of 2017) [2025] KEHC 10631 (KLR) (18 July 2025) (Ruling)
✦ The court granted a temporary injunction to preserve the estate as against the respondents.
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In re Estate of the Late Lukas Ntalemea Kudate (Succession Cause E008 of 2024) [2025] KEHC 10604 (KLR) (18 July 2025) (Ruling)
✦ The affidavit is valid as it does not contain contentious matters within the knowledge of the deponent.
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In re Estate of Samuel Mwangi Kabugi alias Mwangi (Deceased) (Succession Cause 607 of 2013) [2025] KEHC 10276 (KLR) (Family) (18 July 2025) (Ruling)
✦ Nancy Waithira Njoroge is appointed as the administrator of the estate. She will file a confirmation summons within 45 days and serve the application and proposed mode of distribution on all beneficiaries. Any beneficiary disagreeing with the mode of distribution can file a protest within 14 days.
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In re Estate of Sera Wanjiru Njehia (Succession Cause 57 of 2015) [2025] KEHC 10508 (KLR) (18 July 2025) (Ruling)
✦ The application is defective and may not be fatally defective, but the procedural defect is significant. The application lacks clarity regarding which parcel of land is being referred to and is ambiguous in its prayer.
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In re Estate of Moses Mugo Waweru (Deceased) (Succession Cause 87 of 2010) [2025] KEHC 10415 (KLR) (18 July 2025) (Judgment)
✦ The children of the deceased, including those not biologically related but supported by the deceased, are considered dependents and are entitled to inherit from the estate.
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In re Estate of Samuel Githinji Githitu (Deceased) (Succession Appeal E013 of 2022) [2025] KEHC 10722 (KLR) (18 July 2025) (Judgment)
✦ The court found that the Respondent had not made the alleged gifts to the estate and thus the protest by the Appellant was upheld.
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In re Estate of Margaret Wambui Kariuki (deceased) (Succession Cause 130 of 2017) [2025] KEHC 10705 (KLR) (18 July 2025) (Ruling)
✦ The application is found to be devoid of merit and dismissed. The whole estate of the deceased is preserved pending the issuance of a Grant of Letters of Administration.
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In re Estate of Margaret Muthoni Chokwe (Deceased) (Succession Cause 87 of 2016) [2025] KEHC 10277 (KLR) (18 July 2025) (Ruling)
✦ The property Kili/Roka/1490 and the communication mast on it are to be distributed to the Applicants in equal shares.
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In re Estate of the Late Kipkoros arap Chumo (Deceased) (Succession Cause 70 of 2010) [2025] KEHC 10245 (KLR) (17 July 2025) (Judgment)
✦ The estate should be divided equally among the surviving children of the deceased, with Kericho/Kipchimchim/2264 to be divided equally among the surviving children and Kericho/Kapsaos/1204 to be divided equally among the surviving children.
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In re Estate of Josphat Irungu Kanyi (Deceased) (Succession Cause 25 of 2014) [2025] KEHC 10360 (KLR) (17 July 2025) (Ruling)
✦ The application for review is dismissed as there is no merit in it.
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In re Estate of the Late Esther Chelengat Kigen (Deceased) (Succession Cause E014 of 2023) [2025] KEHC 10244 (KLR) (17 July 2025) (Judgment)
✦ The deceased died intestate, and the estate is to be distributed equally among surviving children as per the provisions of section 38 of the Law of Succession Act.