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.
In re Estate of the Late Ondieki (Deceased) (Succession Cause E015 of 2024) [2026] KEHC 12908 (KLR) (21 August 2026) (Ruling)
Court
High Court
Case number
Succession Cause E015 of 2024
Judge
["Sifuna Nixon"]
The court found that the summons, supporting affidavits, distribution schedule, and signed consent by all beneficiaries justified confirmation of the grant, and therefore confirmed it and ordered completion of administration within 90 days.
In re Mugwika (Deceased) (Civil Appeal E106 of 2024) [2026] KEHC 13092 (KLR) (18 August 2026) (Judgment)
Court
High Court
Case number
Civil Appeal E106 of 2024
Judge
["HM Nyaga"]
The alleged oral will was not proved because no attesting or independent witnesses testified and the date of the alleged will was uncertain, so the estate fell to be treated as intestate. The evidence supported that 2 acres had been sold to Telegina Muiti Nkonge and the daughters had already benefited from the proceeds during the deceased’s lifetime. Applying section 42 of the Law of Succession Act and the principle of equality among children, the appellate court found the trial court’s distribution to the extent it favored the sons unfair to the daughters and substituted a new equitable dist…
In re Estate of Kisilu (Deceased) (Succession Cause 1 of 2017) [2026] KEHC 12847 (KLR) (7 August 2026) (Ruling)
Court
High Court
Case number
Succession Cause 1 of 2017
Judge
["JN Onyiego"]
The court held that the application lacked merit because the estate had already been distributed six years earlier, the applicants and other administrators had failed to administer it diligently, the confirmed grant remained valid and binding, and the appointment of the Public Trustee was the lawful and practical last resort. The court refused to re-open distribution, add assets not shown to be in the deceased’s name, or appoint the applicants or a stranger as co-administrator. The proper remedy for the Makindu ELC matter, if needed, was a limited grant, not a fresh restructuring of administr…
Maiyo & 2 others v Maiyo & 2 others (Civil Appeal (Application) E070 of 2025) [2026] KECA 1562 (KLR) (31 July 2026) (Ruling)
Court
Court of Appeal
Case number
Civil Appeal (Application) E070 of 2025
Judge
["PM Gachoka", "MN Nduma", "L Ndolo"]
The motion failed because the applicant did not establish an arguable appeal against the distribution ruling, the complaints raised related to an earlier judgment invalidating the Will rather than the ruling under challenge, and the application was brought after an inordinate and unexplained delay of over one year; accordingly, the court did not need to consider the nugatory limb.
In re Estate of Njuuri alias Waweru Njuri - Deceased (Succession Cause 2303 of 2004) [2026] KEHC 12720 (KLR) (Family) (31 July 2026) (Ruling)
Court
High Court
Case number
Succession Cause 2303 of 2004
Judge
["CJ Kendagor"]
The court held that the 20th July 2017 ruling had validly revoked the earlier grant and determined the mode of distribution, leaving no apparent error, new evidence, or sufficient reason to justify review. Peter Mwangi Karanu lacked standing because he had no Letters of Administration for Maria Nduta Waweru's estate, so substitution and trust relief were refused. By operation of section 81 of the Law of Succession Act, Peter Ndichu Waweru remained the surviving administrator, and a Certificate of Confirmation of Grant was to issue reflecting the shares already determined, including portions v…
Ongila & another v Oriema & another (Family Appeal E011 of 2025) [2026] KEHC 12538 (KLR) (30 July 2026) (Judgment)
Court
High Court
Case number
Family Appeal E011 of 2025
Judge
["AM Hassan"]
The appeal succeeded because the dispute was not a pure succession matter; it turned on contested ownership and alleged trust over land. The succession court therefore lacked the proper jurisdiction to determine beneficial interests in the disputed parcel before a competent civil or land court resolved whether the deceased held the land absolutely or in trust. The trial judgment was set aside and the matter remitted for that foundational determination.
Source excerpt
Jurisdiction of succession court
Property held in trust by deceased
Beneficiaries and dependants under the law of succession act
Nyolo v Ojow & another (Family Appeal E007 of 2025) [2026] KEHC 12787 (KLR) (30 July 2026) (Judgment)
Court
High Court
Case number
Family Appeal E007 of 2025
Judge
["AM Hassan"]
The trial court erred by treating parcel Kisumu/Kolunje/727 differently from the rest of the estate on the basis of occupation, thereby creating unequal shares without legal basis. Under section 38 of the Law of Succession Act, the net intestate estate had to be equally divided among all beneficiaries, including children and those representing deceased sons by way of representation.
In re Estate of Wambugu (Deceased) (Succession Cause 934 of 2012) [2026] KEHC 12596 (KLR) (30 July 2026) (Ruling)
Court
High Court
Case number
Succession Cause 934 of 2012
Judge
["DKN Magare"]
The protest had already been dismissed, no appeal lay from that decision, and the confirmation summons was therefore unopposed. The court held that the grant should be confirmed in favour of Gladys Wanjiku Wambugu alone, revoked the joint grant because the co-administrators were unnecessary, and ordered transmission of the estate properties subject to verification of the parcel whose ownership was not properly proved.
Muthee v Waweru (Civil Appeal E005 of 2024) [2026] KEHC 12194 (KLR) (30 July 2026) (Judgment)
Court
High Court
Case number
Civil Appeal E005 of 2024
Judge
["EM Muriithi"]
The appellate court held that the Respondent proved on a balance of probabilities that she was the deceased’s daughter and beneficiary. The evidence of the Respondent, her uncle, the chief, and a cousin of the deceased was consistent and largely uncontroverted, and supported the finding of paternity and entitlement. The court further held that the trial court was entitled under section 47 of the Law of Succession Act to revoke the grant, appoint joint administrators, and finally distribute the estate to close the long-running matter.