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Kenya decisions
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In re Estate of the Late David Andati Amwayi (Deceased) [2025] KEHC 7111 (KLR)
The High Court at Kakamega gave parties 60 days to settle a succession paternity dispute, failing which it ordered exhumation for DNA testing.
PJC v JCL [2025] KEMC 95 (KLR)
The court set contempt proceedings in motion over alleged non-compliance with child maintenance orders and issued summons for the defendant to appear personally.
In re Estate of Paul Natundura Makarios (Deceased) [2025] KEHC 6007 (KLR)
The High Court directed that a revocation objection in a succession cause be heard by oral evidence, with a stay on transfer of estate assets pending determination.
NKM v NJS (Suing on Behalf of Am) [2025] KEHC 4851 (KLR)
The court held that the appellant failed to disclose material facts, specifically the existence of a subsisting marriage and that the child was born during the marriage, which disentitled him to the court's discretion. The interim order for maintenance was issued to protect the child's best interests and did not impose a new obligation but maintained the status quo. The court found that the appellant had not demonstrated substantial loss warranting a stay, as the interests of the child supersede those of the parents. The issue of paternity could not be determined at the interlocutory stage, a…
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MW v GWM [2025] KEHC 3661 (KLR)
The High Court allowed a family appeal after finding paternity was not proved, holding that maintenance and parental responsibility could not be imposed on the appellant.
In re Estate of ECC (Deceased) [2025] KEHC 1287 (KLR)
The High Court at Kericho dismissed a protest in a succession cause, finding the claimants had not proved dependency or paternity to the deceased’s estate.
MMK & another v Registrar of Births & Deaths & 2 others [2025] KEHC 16832 (KLR)
The court found that the 1st Applicant is not the biological father of the child TW, as confirmed by both the 2nd Applicant and a paternity test. Both applicants are in agreement and seek the removal of the 1st Applicant's name from the birth certificate. The court emphasized that the best interests of the child are paramount, and it is not in the child's best interests to have the name of a person who is not the biological father and who is unwilling to assume the role of fatherhood on the birth certificate. The court relied on constitutional and statutory provisions, as well as persuasive a…
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MMK & another v Registrar of Births & Deaths & 2 others [2025] KEHC 1904 (KLR)
The court's decision was based on the paramountcy of the child's best interests under the Constitution and the Children's Act. Given the conclusive DNA evidence proving the 1st Applicant was not the biological father, and the unwillingess of the 1st Applicant to accept paternity, it was determined to be in the child's best interest to have the 1st Applicant's name removed from the birth certificate to ensure the child has an accurate identity and is not subjected to the imposition of a father who is not biologically related or willing to parent.
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In re PGM (Minor Suing through her Next Friend) [2025] KEHC 36 (KLR)
The High Court dismissed an appeal in a child maintenance dispute, upheld negative DNA evidence excluding paternity, and ordered the father’s name removed from the birth record.
In re Estate of Ibrahim Afundi Limozi (Deceased) [2024] KEHC 13760 (KLR)
The High Court at Kakamega dismissed an application to revoke a succession grant after finding the applicant had not proved she was a daughter of the deceased.
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