Bernard v Mbithi (Family Appeal E008 of 2025)
Bernard v Mbithi (Family Appeal E008 of 2025) [2026] KEHC 12917 (KLR) (19 August 2026) (Judgment)
The appeal failed because the appellant herself put distribution in issue, the evidence supported the finding that the deceased had settled the two houses in separate properties at Lukenya-Mavoko and Masii-Vyulya, and the trial court was entitled to adopt those factual circumstances in determining equitable distribution. The challenge to pecuniary jurisdiction was rejected because it was not raised in the lower court. The sale of Mavoko Town Block 3/2779 was upheld as family-authorized and used to facilitate subdivision of the estate.
Source excerpt
- Intestate succession
- Polygamous estate distribution
- Rectification of grant
- Confirmation of grant
- Intermeddling with estate property
- Sale of estate property