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In re Estate of the Late Ibrahim K Muiruri (Deceased) [2025] KEHC 10591 (KLR)
The High Court allowed an application to amend a 2010 grant of letters of administration by removing two deceased administrators, leaving the survivors to continue administering the estate.
In re Estate of Simon Ndungu Kimani (Deceased) [2025] KEHC 10631 (KLR)
The court found that there was credible evidence of failure by the 2nd respondent to distribute proceeds from the sale of estate property to the beneficiaries of the 2nd house, and that both administrators had not completed the administration of the estate as required. The 1st respondent had rendered accounts, but the 2nd respondent had not adequately accounted for significant sums received. The court determined that the applicant had established a prima facie case for preservation of the estate, as the beneficiaries of the 2nd house stood to suffer irreparable harm if the estate was not prot…
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Opiyo (Suing as the Administrator of the Estate of Joseph Ogweno Omwaga, Deceased) v Songa [2025] KEELC 5419 (KLR)
The Environment and Land Court allowed an appeal, holding that the respondent sued the wrong person because the appellant was not shown to be the estate administrator.
Mbulo v Mwongela & 2 others [2025] KEELC 5331 (KLR)
The appeal turned on the issue of legal capacity. The court found that the appellant, having not taken out grant of letters of administration in respect of her late husband's estate, lacked capacity to be sued or to bring a counterclaim regarding the estate property. The law requires that any suit concerning a deceased's property must be brought by or against the legal representative. The trial magistrate erred by proceeding against the appellant in her personal capacity and by failing to make a finding on the counterclaim. Consequently, both the respondents' suit and the appellant's counterc…
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In re Estate of the Late Peter Kibisu Indimu (Deceased) [2025] KEHC 10209 (KLR)
The court found that the administrator, Florence Kadali Kisibu, had failed to perform her statutory duties by refusing to execute transfer documents and provide necessary information for the distribution of the deceased's estate, despite a consent order and certificate of confirmation of grant. The Law of Succession Act imposes a duty on administrators to complete the administration of the estate within six months of confirmation of grant and to act in the best interests of all beneficiaries. The court has inherent powers under Section 47 of the Law of Succession Act and Rule 73 of the Probat…
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In re Estate of the Late Simion Kiprop Cheruiyot (Deceased) [2025] KEHC 10162 (KLR)
The High Court reaffirmed the confirmed distribution of the deceased’s estate, rejected further attempts to relitigate ownership, and ordered implementation within 60 days.
In re Estate Kibet Arap Kimaron alias Kimuron (Deceased) [2025] KEHC 9947 (KLR)
The High Court granted a conditional stay of execution in a succession dispute, ordering the applicants to deposit Ksh 200,000 within 45 days pending appeal.
In re Estate of Leah Wanjiru Waweru (Deceased) [2025] KEHC 10003 (KLR)
The court found that the former administrators failed to comply with statutory and court-imposed obligations to diligently administer the estate and render full accounts, even after extensions. Their failure justified the revocation of their grant under Section 76 of the Law of Succession Act. The court held that the current administrator, Felister Nyokabi Waweru, was properly appointed. The probate court's jurisdiction post-confirmation is limited to ensuring transmission of the estate as per the certificate of confirmation; it cannot supervise or terminate estate agents or resolve disputes…
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In re Estate of Sawe Maina (Deceased) [2025] KEHC 9894 (KLR)
The court found that the applicants had established a prima facie case that the respondent, as a co-administrator, was frustrating the implementation of the confirmed grant by withholding the original title deed and refusing to cooperate in the distribution of the estate. The respondent's actions, if proven, would amount to contempt of court and justify his removal as administrator. The court recognized the urgency of the matter, given the continued disadvantage to the beneficiaries, and directed that the application be served for inter-partes hearing. In the interim, the court ordered that s…
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In re Estate of Michael Nakhokho Wabomba (Deceased) [2025] KEHC 9945 (KLR)
The High Court at Bungoma granted a vesting order over a deceased’s parcel, authorized execution of transfer forms by the Deputy Registrar, and awarded costs.
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