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In re Estate of the Late Richard Ochieng Olwenge (Deceased( [2025] KEHC 5852 (KLR)
The High Court at Siaya dismissed objections to a succession petition, held Siaya was the proper forum, and appointed four family members as administrators.
In re Esttae of Samuel Kimemia Ndirangu (Deceased) [2024] KEHC 13011 (KLR)
The High Court ordered equal distribution of an intestate estate among the deceased’s children, rejected gender-based preference, and held a daughter-in-law could claim only through her late husband’s estate.
In re Estate of Patrick Lemeiruko Ole Marangura (Deceased) [2024] KEHC 12028 (KLR)
The court found that the Respondent obtained the Grant of Letters of Administration fraudulently by failing to disclose all beneficiaries and by not obtaining the required consents from all entitled persons. The Respondent's omission of the deceased's other wives and children, despite full knowledge of their existence, constituted concealment of material facts and a defective process under Section 76 of the Law of Succession Act. The court rejected the Respondent's reliance on Maasai customary law and alleged inter vivos gifts, holding that statutory law mandates equal inheritance rights for…
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In re Estate of Mbaria Kaniu (Deceased) [2024] KEHC 11112 (KLR)
The court found that neither the petitioner nor the objector had provided a mode of distribution that complied with the requirements of Section 40 of the Law of Succession Act and the Constitution. The objector's proposal was discriminatory against female beneficiaries, contrary to Article 27 and Article 60(1)(f) of the Constitution, and the petitioner's proposal lacked sufficient proof of the deceased's wishes and failed to ensure full disclosure of all beneficiaries and assets. The court emphasized that confirmation of grant cannot proceed until all persons beneficially entitled to the esta…
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In re Estate of of the Late Isaac Bisienei [2024] KEHC 3537 (KLR)
The court found that there are substantial and material contradictions in the identification of beneficiaries and the proposed modes of distribution of the estate of the late Isaac Busienei. The applicants' proposal allocates smaller shares to daughters, which raises constitutional concerns regarding gender discrimination. The respondents' proposal seeks equal distribution among all children, but there are disputes as to the number and identity of beneficiaries, as well as the effect of gifts and sales made by the deceased during his lifetime. Given these unresolved factual disputes and the c…
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In re Estate of Munene Kamau (Deceased) [2023] KEHC 24799 (KLR)
The High Court found that the deceased's purported gifts inter vivos to his sons were incomplete, as legal title and possession were not perfected before his death. Therefore, the land remained part of the intestate estate and must be distributed in accordance with the Law of Succession Act. Given the polygamous nature of the family, Section 40 of the Act applied, requiring distribution among the houses according to the number of children. The court further held that all beneficiaries, regardless of gender, are entitled to equal treatment under Article 27(3) of the Constitution and relevant c…
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In re Estate of Elonge Otibine Omerekek (Deceased) [2023] KEHC 24176 (KLR)
The court found that the grant of letters of administration was obtained through a process that was defective and tainted by fraud, misrepresentation, and concealment of material facts. The administrators failed to disclose all the deceased's children, particularly daughters, in violation of section 51(2)(g) of the Law of Succession Act and Rule 26 of the Probate and Administration Rules. The omission constituted gender-based discrimination, contravening Article 27 of the Constitution, which mandates equality and prohibits discrimination. The court further held that the purported inter vivos…
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In re Estate of Komen Cherutich Misoi (Deceased) [2023] KEHC 23182 (KLR)
The High Court found the grant was obtained after non-disclosure of all beneficiaries and lack of required consents, but deferred final orders pending further affidavits.
Njau & another v Mugo & another [2023] KEHC 22437 (KLR)
The High Court found that although the deceased died before the commencement of the Law of Succession Act, and thus customary law would ordinarily apply, Kikuyu customary law excluding married daughters from inheritance is discriminatory and contrary to the Constitution of Kenya 2010. The court held that such custom cannot be used to distribute the estate. The court further determined that Section 40 of the Law of Succession Act should guide the distribution, but recognized that equal distribution may not always be just, especially given the long exclusive occupation and development of the la…
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In re Estate of Frashier Mukuhi Kariuki (Deceased) [2023] KEHC 23357 (KLR)
The High Court dismissed a revocation summons in a succession dispute, held a fresh petition was needed after an earlier grant was revoked, and ordered a new application for administration.
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