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Kenya decisions
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Gitigi v Nyaga & another [2025] KEHC 10385 (KLR)
The High Court dismissed an appeal in a succession dispute, upholding the trial court’s finding that the 1st respondent was the deceased’s wife under Kikuyu customary law.
In re Estate of Komu Muthigani alias Samson Komu Muthigani (Deceased) [2025] KEHC 10122 (KLR)
The High Court held that Catherine Wanjiru Komu failed to prove marriage to the deceased or paternity of her children, and confirmed the grant for Milka Wambui Komu.
Kaguoro & another v Nyaga [2025] KEHC 9496 (KLR)
The High Court dismissed an appeal in a succession dispute, upholding revocation of a grant after finding the deceased had a second house omitted from beneficiaries.
Away v Ochung' [2025] KEHC 9067 (KLR)
The High Court held the appellant proved she was a widow under Bukusu customary law and revoked the earlier grant, ordering a new joint grant with the respondent.
In re Estate of Mutaba Kioko alias Michael Mutava Kioko (Deceased) [2025] KEHC 8434 (KLR)
The High Court set aside a succession ruling and remitted the dispute for fresh hearing after finding conflicting chief’s letters were not properly examined.
Nyagah v Kirito [2025] KECA 1103 (KLR)
The Court of Appeal found that the respondent had proved, on a balance of probabilities, that she was married to Franklin Mugendi Nyagah through cohabitation and customary practices, as evidenced by testimony from family members, the Assistant Chief, and the respondent's mother, as well as the acknowledgment of the child Evans Nyaga. The Court held that under section 3(5) of the Law of Succession Act and the principles established in M.W.G v E.W.K, a marriage may be presumed from long cohabitation and conduct, and that the respondent was entitled to inherit Franklin's share of the estate as h…
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Godwilly v Manochi [2025] KEHC 7102 (KLR)
High Court upheld a finding of presumed marriage from long cohabitation and confirmed that property acquired during the relationship was matrimonial property.
In re Estate of Bernard Kibet Too (Deceased) [2025] KEHC 7110 (KLR)
The court found that the applicants failed to prove that the grant issued to the respondents was obtained fraudulently or by concealment of material facts. The evidence presented by the respondents regarding marriage to the deceased was insufficient to establish a valid customary marriage or a presumption of marriage under Kenyan law. The chief's letter, photographs, and dowry negotiation minutes did not conclusively prove the existence of a marriage. However, the existence of two minors as children of the deceased was acknowledged. The court further held that the application for revocation o…
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In re Estate of Benard Njeru Kamau (Deceased) [2025] KEHC 7457 (KLR)
The High Court at Embu dismissed an application for sibling DNA testing in a succession dispute, holding that beneficiary status could be proved through other evidence.
Nding'uri v Nding’uri & 4 others [2025] KECA 971 (KLR)
The Court of Appeal found that the 1st respondent did not prove, on a balance of probabilities, that she was married to the deceased under Kikuyu Customary Law, as essential steps such as dowry payment were not satisfactorily established. Consequently, she lacked locus standi to seek exhumation under section 146(2) of the Public Health Act. The court further held that the trial court's orders were ambiguous and incapable of legal execution, given the appellant's repeated sworn statements and evidence that the deceased was buried on the specified land. The appeal was allowed, the High Court's…
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