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Family And Children [2025] KEHC 10590 (KLR)

Wanjiru v Wahu & another

Wanjiru v Wahu & another [2025] KEHC 10590 (KLR)

Court
High Court
Case number
Probate & Administration 237 of 2013
Judge
JRA Wananda

The court found that the deceased's marriage to the 1st Petitioner was formalized under the African Christian Marriage and Divorce Act, rendering it monogamous and extinguishing any legal capacity to contract a subsequent marriage. The Objector conceded there was no marriage ceremony, dowry, or family introduction, and failed to call independent witnesses or produce credible evidence of a marital relationship. The birth certificates for the Objector's children were obtained years after the deceased's death and during litigation, undermining their probative value. No hospital birth notificatio…

Source excerpt

  • Succession
  • Proof Of Marriage
  • Paternity Disputes
  • Dependants Inheritance
  • Burden Of Proof
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Family And Children [2025] KEHC 9885 (KLR)

DAA v JPO

DAA v JPO [2025] KEHC 9885 (KLR)

Court
High Court
Case number
Petition E001 of 2025
Judge
WM Musyoka

The High Court at Busia granted an unopposed application compelling the respondent to meet the minors’ educational needs and submit to DNA testing to determine paternity.

  • Paternity Disputes
  • Parental Responsibility
  • Child Maintenance
  • Dna Testing
  • Service Of Process
  • Paternity-disputes
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Family And Children [2025] KEHC 7156 (KLR)

DAA v JPO

DAA v JPO [2025] KEHC 7156 (KLR)

Court
High Court
Case number
Petition E001 of 2025
Judge
WM Musyoka

The High Court at Busia held that it had jurisdiction over a children’s matter involving disputed paternity and directed the motion to proceed by written submissions.

  • Parental Responsibility
  • Paternity Disputes
  • Jurisdiction Of High Court
  • Children Rights
  • Paternity-disputes
  • Parental-responsibility
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Family And Children [2025] KEHC 5247 (KLR)

In re Estate of David Gitau Kariuki (Deceased)

In re Estate of David Gitau Kariuki (Deceased) [2025] KEHC 5247 (KLR)

Court
High Court
Case number
Succession Cause 783 of 2007
Judge
JM Nang'ea

The court found that the applicants had raised a credible claim to being children of the deceased and had been excluded from the succession proceedings. Although the administrators relied on a will, the grant of letters of administration was issued on the basis of intestacy, and the will was not proven. There was no other credible evidence to conclusively prove or disprove the applicants' entitlement. The court held that, in the absence of agreement and in the interests of justice, DNA testing was necessary to establish paternity. The right to privacy and bodily integrity of the respondents c…

Source excerpt

  • Paternity Disputes
  • Succession And Inheritance
  • Dna Testing Orders
  • Revocation Of Grant
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Family And Children [2025] KEHC 4902 (KLR)

In re Estate of Michael Kiptoo Kebenei (Deceased)

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…

Source excerpt

  • Succession
  • Paternity Disputes
  • Revocation Of Grant
  • Dependant Definition
  • Inheritance Rights
  • Court Annexed Mediation
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Constitutional Law [2025] KEHC 5232 (KLR)

JAK v SWW

JAK v SWW [2025] KEHC 5232 (KLR)

Court
High Court
Case number
Constitutional Petition E532 of 2024
Judge
AB Mwamuye

The court found that the affidavits supporting the petition were improperly commissioned, as they were sworn in the United States but purportedly commissioned in Nairobi without proper notarization, rendering them inadmissible. However, under the Mutunga Rules, a petition may proceed without supporting affidavits. On the substantive issue, the court held that the petitioner, being an adult of 49 years, could not invoke Article 53 rights reserved for children. There was no sufficient evidence of a relationship between the petitioner and respondent, nor any explanation for the delay in seeking…

Source excerpt

  • Right To Family
  • Right To Dignity
  • Paternity Disputes
  • Admissibility Of Affidavits
  • Bodily Integrity
  • Non Discrimination
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Family And Children [2025] KEHC 3044 (KLR)

Mutahi & another v Mutahi & 3 others

Mutahi & another v Mutahi & 3 others [2025] KEHC 3044 (KLR)

Court
High Court
Case number
Succession Appeal E002 of 2024
Judge
MA Odero

The High Court allowed a succession appeal, set aside a magistrate’s ruling, and held that the respondents had not proved paternity or a customary marriage.

  • Succession Disputes
  • Paternity Disputes
  • Customary Marriage
  • Letters Of Administration
  • Succession-disputes
  • Paternity-disputes
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Family And Children [2025] KEHC 2595 (KLR)

PON v LN & 2 others

PON v LN & 2 others [2025] KEHC 2595 (KLR)

Court
High Court
Case number
Family Miscellaneous Civil Case E007 of 2024
Judge
DK Kemei

The High Court dismissed an application to add a man's name to two children's birth certificates, holding that paternity was not proved and statutory procedures were not exhausted.

  • Birth Registration
  • Paternity Disputes
  • Rectification Of Records
  • Children Rights
  • Identity Documents
  • Birth-registration
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Family And Children [2025] KEHC 2053 (KLR)

In re Estate of Peter Karugu Guandai (Deceased)

In re Estate of Peter Karugu Guandai (Deceased) [2025] KEHC 2053 (KLR)

Court
High Court
Case number
Succession Cause 1931 of 2009
Judge
EKO Ogola

The High Court dismissed an application to review succession orders, holding that alleged new evidence about DNA testing was unsupported by official proof.

  • Succession Proceedings
  • Review Of Orders
  • Dna Testing
  • Paternity Disputes
  • Succession-proceedings
  • Review-of-orders
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Family And Children [2025] KEHC 647 (KLR)

ER v MW

ER v MW [2025] KEHC 647 (KLR)

Court
High Court
Case number
Appeal E010 of 2022
Judge
H Namisi

The trial court erred in directing a further DNA test and deferring the striking out application because the issue of paternity had been addressed through multiple DNA tests, and the Respondent failed to provide any evidence to support her unsubstantiated claims of interference with the prior test results, thereby failing to lay a prima facie basis for a further test despite the paramountcy of the child's best interests.

Source excerpt

  • Paternity Disputes
  • Dna Testing
  • Parental Responsibility
  • Best Interests Of Child
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.