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Kenya Case Law

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Family And Children [2025] KEHC 7757 (KLR)

In re Estate of Milka Wairimu Kathethu alias Milcah Wairimu Kathetu (Deceased)

In re Estate of Milka Wairimu Kathethu alias Milcah Wairimu Kathetu (Deceased) [2025] KEHC 7757 (KLR)

The court found that the respondent did not rank in priority for the grant of letters of administration as he was not a relative of the deceased within the required degree of consanguinity under Section 39 of the Law of Succession Act. The deceased held a life interest in the suit land, which, upon her death, was to revert to the family of her late husband, Gerishon Nduku, whose closest relatives are entitled to petition for administration. The appellant's claim as a creditor was supported by uncontroverted evidence of payment for land purchased from the deceased's brother-in-law's family, bu…

  • Succession To Estate
  • Letters Of Administration
  • Life Interest
  • Priority Of Beneficiaries
  • Creditor Claims
  • Intestate Succession
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Civil Procedure [2025] KEHC 7248 (KLR)

In re Estate of Washington Aggrey Jalango Okumu (Deceased)

In re Estate of Washington Aggrey Jalango Okumu (Deceased) [2025] KEHC 7248 (KLR)

The court found that only LR. South Sakwa/Migwena/1423 was registered in the deceased's name and thus formed part of the estate, while LR. South Sakwa/Migwena/1411 did not. The applicant's creditor claims, evidenced by valid certificates of taxation, are enforceable and must be included as liabilities in the estate administration. However, the application for warrants of attachment was premature because the proper procedure requires the applicant to have the certificates of taxation adopted as judgments and then pursue execution in accordance with the Civil Procedure Act. The respondents, as…

  • Estate Administration
  • Creditor Claims
  • Confirmation Of Grant
  • Warrants Of Attachment
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Family And Children [2025] KEHC 4663 (KLR)

In re Estate of Esther Chebet Malel (Deceased)

In re Estate of Esther Chebet Malel (Deceased) [2025] KEHC 4663 (KLR)

Succession dispute over alleged creditor and acreage claim settled by mediation, with the application withdrawn and the mediation terms adopted by the court.

  • Succession Of Estates
  • Confirmation Of Grant
  • Creditor Claims
  • Mediation Agreement
  • Succession-law
  • Confirmation-of-grant
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Commercial And Corporate [2025] KEHC 4667 (KLR)

Momanyi v Kountable Trading Limited; Mwananchi Credit Limited & another (Creditor)

Momanyi v Kountable Trading Limited; Mwananchi Credit Limited & another (Creditor) [2025] KEHC 4667 (KLR)

The High Court adjudged the petitioner bankrupt after finding he could not pay debts far exceeding his assets, despite allegations the petition was filed in bad faith.

  • Bankruptcy Petition
  • Debtor Inability To Pay
  • Creditor Claims
  • Statement Of Affairs
  • Bankruptcy Orders
  • Bankruptcy-petition
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Family And Children [2025] KEHC 3740 (KLR)

In re Estate of Ali Issa Ambari (Deceased)

In re Estate of Ali Issa Ambari (Deceased) [2025] KEHC 3740 (KLR)

The High Court annulled a grant of letters of administration for lack of pecuniary jurisdiction, dismissed a preliminary objection, and ordered a fresh grant.

  • Succession Grants
  • Revocation Of Grant
  • Pecuniary Jurisdiction
  • Administrator Duties
  • Creditor Claims
  • Estate Valuation
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Family And Children [2025] KEHC 3328 (KLR)

In re Estate of the Late Julia Waithira Karatu (Deceased)

In re Estate of the Late Julia Waithira Karatu (Deceased) [2025] KEHC 3328 (KLR)

The High Court stayed succession proceedings and maintained the status quo over estate land while a related ELC claim on ownership and creditor status is determined.

  • Succession Proceedings
  • Creditor Claims
  • Status Quo Orders
  • Stay Of Proceedings
  • Beneficiary Entitlement
  • Jurisdiction Of Courts
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Commercial And Corporate [2025] KEHC 1764 (KLR)

In re Belladonna Pharmacy Limited

In re Belladonna Pharmacy Limited [2025] KEHC 1764 (KLR)

The High Court dismissed Belladonna Pharmacy Limited’s liquidation petition, finding insufficient proof of insolvency, material nondisclosure, and bad faith.

  • Company Liquidation
  • Insolvency Proceedings
  • Creditor Claims
  • Company-liquidation
  • Insolvency-proceedings
  • Creditor-claims
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Civil Procedure [2025] KEHC 2496 (KLR)

Kulecho v Receiver Manager, Resolution Insurance Limited

Kulecho v Receiver Manager, Resolution Insurance Limited [2025] KEHC 2496 (KLR)

The High Court dismissed an application for leave to sue an insurer in liquidation, holding it was brought under the wrong statute and that claims should go through the liquidator.

  • Leave To Sue Company In Liquidation
  • Insolvency Proceedings
  • Statutory Management
  • Creditor Claims
  • Liquidation Orders
  • Leave-to-sue-company-in-liquidation
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Civil Procedure [2025] KEHC 17065 (KLR)

Kulecho v Receiver Manager, Resolution Insurance Limited

Kulecho v Receiver Manager, Resolution Insurance Limited [2025] KEHC 17065 (KLR)

The High Court at Kakamega dismissed an application for leave to sue or proceed against Resolution Insurance Limited, holding that the company was in liquidation and the wrong statute had been invoked.

  • Leave To Sue Company In Liquidation
  • Insolvency Proceedings
  • Statutory Management
  • Creditor Claims
  • Liquidator Powers
  • Leave-to-sue-company-in-liquidation
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Family And Children [2025] KEHC 16827 (KLR)

In re Estate of Dominic Aloise George Omenye (Deceased)

In re Estate of Dominic Aloise George Omenye (Deceased) [2025] KEHC 16827 (KLR)

The court held that a protest to confirmation of grant is premature and incompetent if filed before the summons for confirmation of grant. Rule 40(6) of the Probate and Administration Rules requires that an affidavit of protest be filed only after the summons for confirmation is on record. The administrators' failure to disclose the estate's liabilities was noted, but the court emphasized that the primary duty is to ascertain and settle all debts before distribution. The court directed that the deceased's indebtedness to the protestor be ascertained, either by the outcome of the Milimani High…

  • Confirmation Of Grant
  • Estate Liabilities
  • Creditor Claims
  • Distribution Of Estate
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.