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Succession law [2026] KEHC 12502 (KLR)

In re Estate of Gichuki (Deceased)

In re Estate of Gichuki (Deceased) (Succession Cause 1303 of 2011) [2026] KEHC 12502 (KLR) (29 July 2026) (Judgment)

Court
High Court
Case number
Succession Cause 1303 of 2011
Judge
["DKN Magare"]

The protestor’s claim arose from an alleged purchase from a deceased beneficiary, not from the deceased’s estate itself, and the succession court lacked jurisdiction to validate that sale or redistribute the estate to a non-beneficiary. The protest was therefore dismissed, and the grant was confirmed as proposed by the applicant.

Source excerpt

  • Confirmation of grant
  • Protest to confirmation
  • Purchaser’s interest in estate property
  • Jurisdiction of the high court versus environment and land court
  • Intermeddling with estate property
  • Transmission of land after succession
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Criminal procedure [2026] KECA 1025 (KLR)

Director of Criminal Investigations & another v Muturi Gakuo & Kibara Advocates & 3 others

Director of Criminal Investigations & another v Muturi Gakuo & Kibara Advocates & 3 others (Civil Application E079 of 2025) [2026] KECA 1025 (KLR) (29 May 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E079 of 2025
Judge
["AK Murgor", "KI Laibuta", "GW Ngenye-Macharia"]

The Court held that, despite the criminal origin of the dispute and the Applicants' imperfect invocation of procedure, it could invoke its inherent jurisdiction and apply Rule 5(2)(b)-type principles to the motion. The Applicants demonstrated arguable issues in the intended appeal, but failed to prove any real, imminent, or concrete risk that releasing the disputed title document would destroy, tamper with, or otherwise render the appeal nugatory. The motion therefore failed on the nugatory limb and was dismissed.

Source excerpt

  • Stay pending appeal
  • Injunction pending appeal
  • Jurisdiction
  • Rule 5(2)(b) court of appeal rules
  • Arguability test
  • Nugatory test
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Succession law [2026] KEHC 6376 (KLR)

in re Estate of Hoseah Njuguna Mukuru (Deceased)

in re Estate of Hoseah Njuguna Mukuru (Deceased) (Succession Cause E156 of 2024) [2026] KEHC 6376 (KLR) (11 May 2026) (Ruling)

Court
High Court
Case number
Succession Cause E156 of 2024
Judge
["JM Nang'ea"]

The court held that the sub judice objection failed on the material before it because the earlier Nakuru CM Succession Cause had been withdrawn before this cause was filed, and the alleged parallel High Court succession cause was not proved by evidence. However, although the court had jurisdiction to hear the matter, it declined to grant the substantive reliefs because serious fraud allegations surrounded the title and the Applicant had not satisfactorily shown that the Respondents were intermeddling with estate property.

Source excerpt

  • Intermeddling with estate property
  • Sub judice
  • Jurisdiction of succession court
  • Fraud allegations over title transfer
  • Injunction/preservation of estate assets
  • Accounting for estate rent
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.