Kenya Case Law

Violet Njoki Githendu & Francis Mucira Muthike (Representative of the Late Mother Elizabeth Wanjiku Muthike) v Rosemary Muthoni Githendu

Violet Njoki Githendu & Francis Mucira Muthike (Representative of the Late Mother Elizabeth Wanjiku Muthike) v Rosemary Muthoni Githendu [2017] KEELC 2528 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 137 of 2015

Judge

BN Olao

The court found the suit land was held in trust for the sisters and ordered subdivision into three equal shares. Each party was ordered to bear own costs.

• Trusts In Land
• Succession And Inheritance
• Family Land Disputes
• Discrimination On Marital Status
• Land-trusts
• Family-land-disputes

josephat mwangi mbuthia & wilfred mukora mbuthia v michael p. mukora mukii & michael mukii mukora

josephat mwangi mbuthia & wilfred mukora mbuthia v michael p. mukora mukii & michael mukii mukora [2015] KEHC 7745 (KLR)

Court

High Court

Case number

Succession Cause 236 of 2010

Judge

AO Muchelule

The court found that the proceedings leading to the grant of letters of administration were defective in substance due to the failure to disclose all beneficiaries, specifically the deceased's daughter Hannah and her children, the objectors. This omission was a material non-disclosure under section 76(b) of the Law of Succession Act and warranted revocation of the grant. The court further held that even if Kikuyu customary law would have excluded married daughters from inheritance, such a custom is unconstitutional as it offends Articles 20 and 27 of the Constitution, which prohibit discrimin…

Source excerpt

• Intestate Succession
• Revocation Of Grant
• Beneficiary Disclosure
• Customary Law Inheritance
• Discrimination On Marital Status