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Kenya decisions
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In re Estate of Joseph Kipkosgei Terer [2025] KEHC 10507 (KLR)
The High Court declined to dismiss a succession application, finding the requested removal of an administrator and redistribution were substantive issues requiring beneficiary consent.
In re Estate of the Late Kipyegon arap Chepkwony [2025] KEHC 10243 (KLR)
The High Court at Kericho upheld confirmation of grant for the estate of Kipyegon arap Chepkwony and rejected revocation arguments, ordering equal distribution among the deceased’s children.
In re Estate of the Late Esther Chelengat Kigen (Deceased) [2025] KEHC 10244 (KLR)
The court found that although the deceased may have expressed wishes regarding the distribution of her property during her lifetime, there was no evidence of perfected gifts inter vivos, as required by law. No registered transfers, written declarations, or completed deliveries were demonstrated. The deceased died intestate, and the estate must be distributed according to the rules of intestacy under section 38 of the Law of Succession Act, which mandates equal distribution among surviving children. The supplementary affidavit filed by the petitioners, proposing equal distribution, was deemed…
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In re Estate of the Late Kipkoros arap Chumo (Deceased) [2025] KEHC 10245 (KLR)
The High Court confirmed the grant in this succession cause, held that both disputed parcels formed part of the estate, and ordered equal distribution among the deceased’s children.
In re Estate of Tabitha Kalekye Mulwa (Deceased) [2025] KEHC 10596 (KLR)
The High Court dismissed a protest to confirmation of grant, finding the protestor failed to prove an alleged Kshs. 4,000 contribution toward the disputed property.
Goko & 5 others v Goko & another [2025] KEHC 10418 (KLR)
High Court dismissed an appeal against revocation of a succession grant, finding no evidence the respondents were served and holding the distribution was discriminatory.
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.
Mukungo & another v Mukungo & another [2025] KEHC 10487 (KLR)
High Court upheld dismissal of an appeal over succession distribution, finding the trial court properly considered gifts inter vivos and the needs of a polygamous family.
In re Estate of Augustine Kipsang Kiptoo (Deceased0 [2025] KEHC 10448 (KLR)
The court found that the administrators had complied with the requirements for confirmation of grant under section 71 of the Law of Succession Act and Rule 40 of the Probate and Administration Rules. All beneficiaries consented to the proposed distribution, and there were no outstanding claims or debts. The court emphasized that the Law of Succession Act gives the surviving spouse a life interest in the residue of the estate, with the ultimate destination of the estate being the children. The proposed distribution matrix was found to be in accordance with sections 35, 36, 37, and 38 of the Ac…
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In re Estate of M'Arimi M'Ibari alias M'Remi M'Imbari (Deceased) [2025] KEHC 10651 (KLR)
The court found that the respondent, as a grandson who was maintained by the deceased and permitted to construct a permanent home on the disputed property, qualified as a dependent under section 29 of the Law of Succession Act. Although the occupation of the property did not amount to a gift inter vivos due to lack of formal transfer or written declaration, the respondent's residence was a significant factor. The trial court's findings that the respondent was settled on the property with the deceased's consent were supported by the evidence, and it would be unjust to displace him in the guise…
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