[2025] KEHC 8964 (KLR)

[2025] KEHC 8964 (KLR)

The High Court found that the trial court correctly applied Section 38 of the Law of Succession Act, which requires equal distribution of the estate among all surviving children of the deceased, regardless of gender. The appellants' proposal to allocate 4 acres each to the sons and only 1.2 acres to be shared among the daughters was deemed unjust, archaic, and contrary to the principles of fairness, justice, and gender equality enshrined in the law. The court emphasized that the Law of Succession Act does not discriminate between male and female children and that all children are entitled to an equal share of the estate. The appeal was therefore dismissed for lack of merit.

Citation
[2025] KEHC 8964 (KLR)
Parties
Appellant: Betty Nkuene Kiambati; Appellant: Mugure Kiambati; Respondent: Juster Karambu
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
23 June 2025
Case Number
Civil Appeal E019 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
SM Githinji
Legal Topics
Succession and Inheritance, Equal Distribution of Estate, Gender Equality in Inheritance, Confirmation of Grant
Source Language
English
Family and Children Civil Procedure Succession and Inheritance Equal Distribution of Estate Gender Equality in Inheritance Confirmation of Grant

Case Brief

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Parties

Betty Nkuene Kiambati

Appellant

Mugure Kiambati

Appellant

Juster Karambu

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in distributing the estate equally among all beneficiaries contrary to the appellants' proposed mode of distribution.
  2. 2 Whether the Law of Succession Act requires equal treatment of male and female children in inheritance.
  3. 3 Whether the trial court failed to consider the wishes of the majority of beneficiaries and the evidence on record.

Ratio Decidendi

The High Court found that the trial court correctly applied Section 38 of the Law of Succession Act, which requires equal distribution of the estate among all surviving children of the deceased, regardless of gender. The appellants' proposal to allocate 4 acres each to the sons and only 1.2 acres to be shared among the daughters was deemed unjust, archaic, and contrary to the principles of fairness, justice, and gender equality enshrined in the law. The court emphasized that the Law of Succession Act does not discriminate between male and female children and that all children are entitled to an equal share of the estate. The appeal was therefore dismissed for lack of merit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.
  • The estate shall be distributed equally among all six children of the deceased.