In re Estate of Kanda Keture (Deceased) [2025] KEHC 10706 (KLR)
Court
High Court
Case number
Succession Cause 148 of 2008
Judge
RN Nyakundi
The High Court at Eldoret adopted an equal distribution schedule for one estate parcel, ordered discharge and subdivision steps, and stayed another parcel pending related litigation.
Kamenyi & 2 others v Karoki & another [2025] KEHC 9617 (KLR)
Court
High Court
Case number
Civil Appeal E114 of 2022
Judge
JK Ng'arng'ar
The High Court upheld equal distribution of a deceased’s estate, finding that the will did not make reasonable provision for all children and dependants.
MK Koome, PM Mwilu, MK Ibrahim, SC Wanjala, N Ndungu, I Lenaola, W Ouko
Supreme Court held that Article 24(4) does not permit blanket exclusion of children born out of wedlock from a Muslim parent’s estate; appeal dismissed.
Kiricho v Kiricho & 6 others [2025] KEHC 9164 (KLR)
Court
High Court
Case number
Probate & Administration Appeal E003 of 2022
Judge
AM Muteti
The High Court held that the lower court erred by excluding the appellant and his siblings from the deceased's estate based solely on the period of separation between their mother and the deceased and without scientific proof of non-parentage. The Law of Succession Act defines a child to include those recognized or accepted by the deceased, regardless of biological connection or maintenance prior to death. The evidence showed that the appellant and his siblings were accepted and lived on the deceased's land before his death, signifying recognition. The court found that all children listed by…
The High Court held that the trial court correctly applied the law by including the children of the deceased's daughters (grandchildren) as beneficiaries entitled to inherit their deceased parent's share of the estate. The court found that the chief's letter is not determinative of beneficiaries and that the Law of Succession Act, specifically Section 41, provides for grandchildren to inherit where their parent is deceased. The appellant's argument that only he and the 1st respondent should inherit was rejected as contrary to statutory law and constitutional principles of non-discrimination.…
In re Estate of william Lucas Okech (Deceased) [2025] KEHC 6635 (KLR)
Court
High Court
Case number
Probate & Administration 2249 of 2009
Judge
H Namisi
The High Court allowed rectification of a grant to add an omitted estate asset, Kisumu Migosi Plot No. 398, and upheld the proposed distribution with beneficiary consent.
The court found that the central issue was the validity of the distribution of the deceased's estate, particularly in light of the affidavits by the daughters renouncing their shares and the Objector's challenge. The court determined that before making a final determination, it was necessary for the seven daughters to appear in court to confirm their renunciation, and for the Applicant to provide evidence of the loan arrears, repayment, and his position on reimbursement. The court held that compliance with these directions was essential to ensure that the distribution reflected the true wishe…
In re Estate of Michael Kiptoo Kebenei (Deceased) [2025] KEHC 4902 (KLR)
Court
High Court
Case number
Succession Cause 387 of 2012
Judge
JRA Wananda
The court found, on a balance of probabilities, that the Objector is the biological son of the deceased, based on consistent and credible witness testimony, circumstantial evidence of familial interactions, and the Administrators' lack of candor and failure to call crucial witnesses. The court held that, under Section 29(a) of the Law of Succession Act, the Objector is an automatic heir and does not need to prove dependency. However, the court declined to revoke the Grant, finding no fraudulent intent by the Administrators and noting that revocation would not serve the interests of justice. I…
In re Estate of Onesmus Kibira Wanjohi (Deceased) [2025] KEHC 4079 (KLR)
Court
High Court
Case number
Succession Cause 110 of 2002
Judge
DKN Magare
High Court at Nyeri dismissed a request to review a prior succession judgment, holding that the applicant had already appealed and finality barred re-litigation.