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Kenya Case Law

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Succession law [2026] KEHC 13590 (KLR)

In re Estate of Kimotho alias Kariuki Kimotho (Deceased)

The High Court annulled a confirmed grant after finding the rice holding was government land under licence, not part of the deceased’s free property.

  • Revocation of grant
  • Free property of a deceased person
  • Government land under licence
  • Irrigation scheme holdings
  • Jurisdiction
  • Concealment of material facts
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Land law [2026] KEELC 5447 (KLR)

Ibrahim & 8 others v Geodev (K) Limited & 9 others

The court upheld claims over plots 177, 185 and 186, found the 10th defendant acquired no interest, held the planning authorities breached Article 47, and dismissed the counterclaim.

  • Informal settlement regularisation
  • Grievance redress and exhaustion
  • Proof of beneficial ownership
  • Unadministered estate
  • Invalid transfer by non-personal representatives
  • Public participation in planning
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Civil procedure [2026] KEHC 13541 (KLR)

Mukungo & 2 others v Mukungo & 3 others (Consolidated Civil Appeal E100 & E101 of 2023)

The High Court dismissed an application for stay of execution, holding that the consolidated appeals had already been determined and E101 did not survive E100.

  • Stay of execution
  • Consolidation of appeals
  • Effect of dismissal after consolidation
  • Distribution of estate
  • Section 42 law of succession act
  • Stay-of-execution
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Succession law [2026] KEHC 13539 (KLR)

In re Estate of Witira alias Witila Mabia (Deceased)

The High Court allowed a review application in a succession cause, set aside the confirmation order to the extent necessary, and ordered fresh confirmation, but declined to revoke the grant.

  • Review of orders
  • Confirmation of grant
  • Distribution of estate assets
  • Omission of estate property
  • Revocation versus review
  • Fresh confirmation of grant
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Succession law [2026] KEHC 13512 (KLR)

In re Estate of Nyabuto (Deceased)

The High Court allowed rectification of a certificate of confirmation of grant, correcting minor errors in names and one motor vehicle registration number.

  • Rectification of grant
  • Rectification of certificate of confirmation of grant
  • Errors in names and descriptions
  • Clerical and typographical errors
  • Estate distribution
  • Rectification-of-grant
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Succession law [2026] KEHC 13538 (KLR)

In re Estate of Kanyi alias Josephat Kanyi (Deceased)

The High Court partially reviewed a confirmed succession grant to add omitted pension and Safaricom shares, but declined to redistribute the deceased co-wife’s share to her children.

  • Review of certificate of confirmation of grant
  • Whether pension benefits form part of estate
  • Distribution of pension and shares
  • Transmission to estate of a deceased beneficiary
  • Jurisdictional objection under matrimonial property act and land registration act
  • Succession-law
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Civil procedure [2026] KECA 1686 (KLR)

Odongo & 3 others v National Irrigation Authority & 5 others

The Court of Appeal revived an abated appeal against a deceased respondent and allowed substitution after the applicant obtained a limited grant ad litem.

  • Substitution of deceased party
  • Revival of abated appeal
  • Limited grant ad litem
  • Judicial discretion
  • Overriding objective
  • Revival-of-abated-appeal
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Civil procedure [2026] KECA 1682 (KLR)

Olalui Group Ranch v Konchella & 11 others

The Court of Appeal extended time from six months to one year and two months to allow substitutions and amendment of pleadings after several respondents were said to be deceased.

  • Extension of time
  • Substitution of deceased parties
  • Remittal from appellate court to trial court
  • Prejudice in discretionary applications
  • Case management directions
  • Extension-of-time
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Civil procedure [2026] KECA 1681 (KLR)

Itegi v Kabuchu

The Court of Appeal granted extension of time to file and serve a notice of appeal, finding the 16-day delay plausibly explained by pending proceedings and illness.

  • Extension of time
  • Notice of appeal out of time
  • Discretion under rule 4
  • Delay in lodging appeal
  • Ill-health as cause for delay
  • Arguable intended appeal
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Succession law [2026] KEHC 13438 (KLR)

In re Estate of Odipo (Deceased)

High Court succession ruling in the estate of Odipo (Deceased), heard at Busia before SM Mohochi, J. The provided text notes the decision was still being processed.

  • Estate administration
  • Deceased person’s estate
  • High court succession proceedings
  • Succession-law
  • Probate-and-administration
  • Estate-administration
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