In re Estate of Stephen Kemei Asis (Deceased) (Succession Cause 238 of 2001) [2026] KEHC 5671 (KLR) (24 April 2026) (Ruling)

In re Estate of Stephen Kemei Asis (Deceased) (Succession Cause 238 of 2001) [2026] KEHC 5671 (KLR) (24 April 2026) (Ruling)

The only property forming the estate is Nandi/Kiminda/308, which must be equally divided between the two houses (widows) per Section 40 of the Law of Succession Act; revocation of grant is declined as no valid grounds under Section 76 are established.

Citation
[2026] KEHC 5671 (KLR)
Parties
Petitioner: Christina Jeptiony Kemei; Objector 2nd Administrator: Monica Kemei; 1st Administrator: Charles Kipkemboi Kemei
Court
High Court
Jurisdiction
Kenya
Judgment Date
24 April 2026
Case Number
Succession Cause 238 of 2001
Procedural Posture
Succession Cause / Ruling on Confirmation and Revocation of Grant
Outcome
Grant of administration confirmed; revocation application declined; estate distributed equally between two widows.
Legal Topics
Intestate Succession, Polygamous Estates, Distribution of Estate, Revocation of Grant, Administration of Estate
Source Language
English
Succession Law Family Law Intestate Succession Polygamous Estates Distribution of Estate Revocation of Grant Administration of Estate

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Parties

Christina Jeptiony Kemei

Petitioner

Monica Kemei

Objector 2nd Administrator

Charles Kipkemboi Kemei

1st Administrator

Procedural Posture

Succession Cause / Ruling on Confirmation and Revocation of Grant

Legal Issues

  1. 1 Whether the Grant issued should be revoked
  2. 2 What properties form the estate of the deceased
  3. 3 How should the estate be distributed

Ratio Decidendi

The only property forming the estate is Nandi/Kiminda/308, which must be equally divided between the two houses (widows) per Section 40 of the Law of Succession Act; revocation of grant is declined as no valid grounds under Section 76 are established.

Court Disposition

Grant of administration confirmed; revocation application declined; estate distributed equally between two widows.

Orders

  • Objector’s prayer for revocation of the Grant dated 18/02/2025 is declined.
  • Only Nandi/Kiminda/308 forms the estate; other properties excluded.