In re Mugwika (Deceased)
In re Mugwika (Deceased) (Civil Appeal E106 of 2024) [2026] KEHC 13092 (KLR) (18 August 2026) (Judgment)
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