Kenya Case Law

In re Mugwika (Deceased)

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…

Source excerpt

• Intestate succession
• Oral wills
• Gifts inter vivos
• Distribution of estate
• Beneficiary equality
• Proof of testamentary intention

In re Estate of M'Kailiba M'Tuaruchiu - Deceased

Court

High Court

Case number

Succession Cause 5 of 2005

Judge

HM Nyaga

Ruling on a protest in an intestate succession cause: no valid oral will was proven, an alleged inter vivos gift of Parcel Kianjai/Kianjai/1352 was rejected, and married and unmarried daughters were held equally entitled to share in the estate.

• Intestate succession
• Oral wills
• Gifts inter vivos
• Polygamous estate distribution
• Equality of daughters in inheritance
• Burden of proof

In re Estate of Walter Kiunge Mundia Alias Kiunge s/o Mundia (Deceased)

Court

High Court

Case number

Succession Cause 582 of 2014

Judge

MA Odero

The High Court held that an intestate estate with surviving children and no spouse must be shared equally among all six children, rejecting exclusion of married daughters under customary law.

• Intestate succession
• Equal distribution of estate among children
• Oral wills
• Gifts inter vivos of land
• Discrimination against married daughters
• Revocation and confirmation of grant

In re Estate of Wamai Kibee alias Wamai s/o Kabaiku (Deceased)

Court

High Court

Case number

Probate & Administration Appeal E006 of 2024

Judge

MA Odero

The High Court dismissed a first appeal, holding the protestor failed to prove an oral will, so the deceased died intestate and the estate must be shared equally among all seven children regardless of gender.

• Intestate succession
• Oral wills
• Burden and standard of proof
• Equal treatment of daughters and sons in inheritance
• First appellate court duty of re-evaluation
• Adversarial system and summoning of witnesses