Kenyan case law

In re Estate of Michael Malago alias Michael Odero Malago (Deceased) (Succession Cause E015 of 2025) [2025] KEHC 8440 (KLR) (17 June 2025) (Ruling)

✦ This file is hereby withdrawn from Kisumu Law Courts and transferred to Winam Law Courts for hearing and determination.

In re Estate of Omollo Oungula (Deceased) (Miscellaneous Succession Application 299 of 2025) [2025] KEHC 8433 (KLR) (17 June 2025) (Ruling)

✦ The application is withdrawn from Kisumu Law Courts and transferred to Kombewa Law Courts for hearing and determination.

In re Estate of Esiketi Imagwa (Deceased) (Succession Cause 203 of 2010) [2025] KEHC 8523 (KLR) (17 June 2025) (Ruling)

✦ The grant to Moses Emong’ole is revoked, and the distribution of the estate is upheld. The proceedings are closed.

In re Estate of M'Ikiara M'Muthuri (Deceased) (Succession Cause 313 of 2003) [2025] KEHC 8373 (KLR) (16 June 2025) (Ruling)

✦ The court finds that the deceased was Latif Ikiara's father and the husband to the 2nd Objector. The Petition and Answer are merited.

In re Estate of Mokua Mwanda alias Patrick Mokua Mwanda & Ragira Mwanda (Deceased) (Succession Cause 279 of 1999) [2025] KEHC 9790 (KLR) (16 June 2025) (Ruling)

✦ The 2022 orders are set aside, and a fresh succession cause is directed for each deceased person.

In re Estate of the Late James Kamau alias James Kamau Ng'ang'a (Deceased) (Succession Cause E019 of 2024) [2025] KEHC 8467 (KLR) (16 June 2025) (Ruling)

✦ The court confirms the Grant of Letters of Administration Intestate made to Jane Margaret Nduta Kamau and orders the issuance of a partial Certificate of Conrmation of Grant. The court also appoints the Petitioner as the personal representative of the Estate to manage and distribute the assets and liabilities.

In re Estate of Johanna Kariuki Githinji (Deceased) (Succession Cause 647 of 2015) [2025] KEHC 8412 (KLR) (16 June 2025) (Ruling)

✦ The proposed modes of distribution are struck out, and the parties are directed to comply with the previous orders and file a fresh grant of letters of administration within 30 days.

In re Estate of James Njenga Karume (Deceased) (Succession Cause 3102 of 2013) [2025] KEHC 8331 (KLR) (Family) (16 June 2025) (Ruling)

In re Estate off Mwaura Kingeche (Deceased) (Succession Cause 420 of 2013 & 3071 of 2004 (Consolidated)) [2025] KEHC 8333 (KLR) (Family) (16 June 2025) (Ruling)

✦ The applicant has the locus standi to present the application and is entitled to the orders that he seeks.

Asvalu v Ashiundu & another (Succession Appeal E016 of 2023) [2025] KEHC 8191 (KLR) (13 June 2025) (Judgment)

✦ The court held that the Appellant did not handle the matter diligently and that her applications were misconceived.

In re Estate of Elizabeth Lutenyo Anaitsa (Deceased) (Succession Cause E338 of 2012) [2025] KEHC 8159 (KLR) (13 June 2025) (Ruling)

✦ The application for revocation is dismissed as it is fundamentally flawed and disproportionate.

In re Estate of Kevin John Ombajo (Deceased) (Succession Cause 555 of 2018) [2025] KEHC 8301 (KLR) (Family) (13 June 2025) (Ruling)

✦ The court lacks jurisdiction to order the transfer and registration of shares, as the matter falls outside the purview of the Law of Succession Act.

In re Estate of Ambrose Adeya Adongo (Deceased) (Succession Cause 3042 of 2003) [2025] KEHC 8302 (KLR) (Family) (13 June 2025) (Ruling)

✦ The application is dismissed as res judicata.

In re Estate of Priscilla Njeri Gachinga (Deceased) (Succession Cause E799 of 2024) [2025] KEHC 8290 (KLR) (Family) (13 June 2025) (Ruling)

✦ The court allows the application on the following terms

In re Estate of Malakwen Sisiwa (Deceased) (Succession Cause 167 of 1998) [2025] KEHC 8229 (KLR) (13 June 2025) (Ruling)

✦ The Court grants leave to appeal.

In re Estate of Paul Thuo Kamunya (Deceased) (Succession Cause E002 of 2024) [2025] KEHC 8453 (KLR) (12 June 2025) (Ruling)

✦ The grant of letters of administration is confirmed, with the real properties to be registered in the names of the beneficiaries, with the widow having a life interest in each parcel. The widow will inherit specific assets.

In re Estate of Sharda Dwarkadas Kanjee Lakhani (Deceased) (Succession Cause E320 of 2022) [2025] KEHC 8133 (KLR) (Family) (12 June 2025) (Ruling)

✦ The application is allowed, and the executors are ordered to provide the estate's inventory and account for rental income within 14 days.

In re Estate of Ng'ang'a Goro (Deceased) (Succession Cause 578 of 1993) [2025] KEHC 8157 (KLR) (Commercial & Admiralty) (12 June 2025) (Ruling)

✦ The application will be heard by way of oral evidence, and the proceedings in KIKUYU ELC E087 OF 2021 WAMBUI KANG’ETHE V. LUCY GATHONI & MILLICENT WAITHERA will be stayed pending the hearing and determination of this cause.

In re Estate of Mwangi Maithu alias Josephat Mwangi Maitho (Deceased) (Succession Cause 1229 of 2002) [2025] KEHC 8131 (KLR) (Family) (12 June 2025) (Ruling)

✦ The application is allowed, and the orders are set aside and reviewed. The grant of letters of administration is amended to Stephen Mwangi and Peninah Wambui Mwangi. The certificates of confirmation of grant are rectified and reissued.

Kombo & another (Suing in the Capacity of the Administrator of the Estate of Salim Nzangu Bakari in Succession Cause No 160 of 2018) v Kazungu & 2 others (Environment and Land Civil Miscellaneous Application E046 of 2024) [2025] KEELC 4532 (KLR) (12 June 2025) (Ruling)

✦ The application is dismissed with costs

In re Estate of Jonah Kiprotich arap Tuwei (Deceased) (Succession Cause 108 of 2019) [2025] KEHC 8164 (KLR) (12 June 2025) (Ruling)

✦ The court orders the rectification of the grant to indicate that the acreage of the joint beneficiaries is 1.5 acres instead of 1 acre.

In re Estate of Mutaba Kioko alias Michael Mutava Kioko (Deceased) (Succession Appeal E004 of 2023) [2025] KEHC 8434 (KLR) (12 June 2025) (Judgment)

✦ The Appellants failed to establish that they are the biological children of the deceased and rightful beneficiaries of his estate on a balance of probabilities.

In re Estate of William Kiptui Rotich (Deceased) (Succession Cause E001 of 2024) [2025] KEHC 8352 (KLR) (12 June 2025) (Ruling)

✦ Parcel Baringo/Ravine/102/133 forms part of the estate of the deceased. Registration of the parcel in Festus' name is cancelled, and the parcel reverts to the initial owner, the deceased.

In re Estate of the Late Nelius Muguru Mwangi (Deceased) (Succession Cause 1545 of 2018) [2025] KEHC 8134 (KLR) (Family) (12 June 2025) (Ruling)

✦ The application is dismissed with costs.

In re Estate of Reuben Kiambuthi alias Jones Reuben Kyambuthi (Deceased) (Succession Cause 99 of 1997) [2025] KEHC 8120 (KLR) (Family) (12 June 2025) (Ruling)

✦ The application is allowed, and the matter is ordered to proceed as directed by the court on 4th June 2019.