Kenya Case Law

In re Estate of Lusila Wairu Waweru (Deceased)

In re Estate of Lusila Wairu Waweru (Deceased) [2025] KEHC 10359 (KLR)

Court

High Court

Case number

Succession Cause 172 of 2016

Judge

M Thande

The court held that the notice to produce the email correspondence between Emmanuel and his advocates could not be granted. The communication is protected by advocate/client privilege under Sections 134 and 137 of the Evidence Act, and the exceptions to this privilege—such as communications made in furtherance of an illegal purpose or where a crime or fraud has been committed—were not established in this case. Furthermore, the court found that the issue of ownership of Plot 8103 had already been conclusively determined in previous rulings, rendering the matter res judicata under Section 7 of…

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• Probate And Administration
• Discovery Of Documents
• Advocate Client Privilege
• Res Judicata

Thuo & 2 others (Acting through their Mother & Guardian - Susan Wanjiru Thuo) v Ngeta & another

Thuo & 2 others (Acting through their Mother & Guardian - Susan Wanjiru Thuo) v Ngeta & another [2025] KECA 1291 (KLR)

Court

Court of Appeal

Case number

Civil Application E110 of 2024

Judges

MA Warsame, JM Mativo, GV Odunga

The Court of Appeal dismissed an application to stay succession proceedings pending appeal, holding the applicants had not met the rule 5(2)(b) test.

• Stay Of Proceedings
• Probate And Administration
• Forensic Document Examination
• Interlocutory Applications
• Stay-of-proceedings
• Succession-probate

In re Estate of Samwel Kwambai (Deceased)

In re Estate of Samwel Kwambai (Deceased) [2025] KEHC 10348 (KLR)

Court

High Court

Case number

Citation Cause E071 of 2024

Judge

RN Nyakundi

The High Court at Eldoret issued directions in a succession citation over the estate of Samwel Kwambai, ordering a family meeting and a status conference.

• Probate And Administration
• Letters Of Administration
• Intestate Succession
• Citation Procedure
• Probate-and-administration
• Letters-of-administration

In re Estate of Philiph Chumba Sirma alias Sirma S/O Chumba, Philiph Sirma S/O Chumba, Philiph Sirma Arap Chumba alias Philiph Sirma Chumba (Deceased)

In re Estate of Philiph Chumba Sirma alias Sirma S/O Chumba, Philiph Sirma S/O Chumba, Philiph Sirma Arap Chumba alias Philiph Sirma Chumba (Deceased) [2025] KEHC 10354 (KLR)

Court

High Court

Case number

Succession Cause 395 of 2015

Judge

RN Nyakundi

The High Court at Eldoret allowed rectification of a confirmation of grant, correcting a property description and beneficiary listing despite a pending appeal.

• Rectification Of Grant
• Probate And Administration
• Errors In Grant
• Beneficiary Entitlement
• Rectification-of-grant
• Probate-and-administration

In re Estate of the Late Cheptoo Cheboswony (Deceased)

In re Estate of the Late Cheptoo Cheboswony (Deceased) [2025] KEHC 10201 (KLR)

Court

High Court

Case number

Succession Cause 1 of 2020

Judge

RN Nyakundi

The court found that the applicants had demonstrated sufficient cause for their nonappearance and inactivity, as they were not served with the notice of dismissal and the lower court file had been missing for a significant period. The court emphasized that the administration of justice requires disputes to be determined on their merits and that procedural lapses should not bar a litigant from pursuing their rights. Exercising its discretion under the Civil Procedure Act and relevant rules, the court set aside the dismissal order and reinstated the suit, directing that it be set down for heari…

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• Reinstatement Of Suit
• Dismissal For Want Of Prosecution
• Probate And Administration
• Distribution Of Estate

In re Estate of Chepkonga Maina (Deceased)

In re Estate of Chepkonga Maina (Deceased) [2025] KEHC 10161 (KLR)

Court

High Court

Case number

Succession Cause E265 of 1996

Judge

RN Nyakundi

The court held that the application for rectification of the amended certificate of confirmation of Grant could not be granted because the proposed inclusion of Land Parcel number Eldoret Municipality Block 14/1210 and its registration in the name of Samuel Kiplagat Maina as sole beneficiary amounted to a fundamental redistribution of estate assets. Such a change is not a clerical correction within the meaning of Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The proper procedure for such a substantive alteration is an application for review of…

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• Rectification Of Grant
• Distribution Of Estate
• Probate And Administration
• Omission Of Asset

In re Estate of Esinas Angunzuzu Kalega alias Asenath Angunzuzu Khalekha (Deceased)

In re Estate of Esinas Angunzuzu Kalega alias Asenath Angunzuzu Khalekha (Deceased) [2025] KEHC 10303 (KLR)

Court

High Court

Case number

Miscellaneous Application E005 of 2023

Judge

JN Kamau

The High Court determined that it lacked jurisdiction to entertain the Objector's Summons for Revocation of Grant because the original succession cause was properly before the magistrate's court, which had the requisite pecuniary jurisdiction. The Objector should have sought revocation in the trial court or appealed any adverse decision to the High Court. The High Court's jurisdiction is limited to appeals or matters where the lower court lacks jurisdiction. Since the application was not an appeal and the magistrate's court had jurisdiction, the High Court could not proceed. The court further…

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• Revocation Of Grant
• Probate And Administration
• Jurisdiction Of High Court
• Pecuniary Jurisdiction
• Fraud In Succession
• Procedure For Succession Disputes

In re Estate of Moses Wasike Amutala (Deceased)

In re Estate of Moses Wasike Amutala (Deceased) [2025] KEHC 10313 (KLR)

Court

High Court

Case number

Probate & Administration E003 of 2024

Judge

REA Ougo

The High Court held that a probate court lacks jurisdiction to determine disputed land sale and ownership claims within a succession cause.

• Jurisdiction Of Courts
• Sale Of Land Disputes
• Probate And Administration
• Liabilities Against Estate
• Probate-and-administration
• Jurisdiction

In re Estate of Taplele Chebokibii alias Taplele w/o Chebokibii (Deceased)

In re Estate of Taplele Chebokibii alias Taplele w/o Chebokibii (Deceased) [2025] KEHC 9902 (KLR)

Court

High Court

Case number

Succession Cause 4 of 2019

Judge

JK Ng'arng'ar

The High Court at Bomet allowed a protest over succession distribution, excluding L.R No. Kericho/Ndubai/217 from equal sharing and directing administration of the late husband’s estate.

• Intestate Succession
• Distribution Of Estate
• Probate And Administration
• Land Registration
• Burden Of Proof
• Intestate-succession

In re Estate of Asoga Shabanga (Deceased)

In re Estate of Asoga Shabanga (Deceased) [2025] KEHC 9813 (KLR)

Court

High Court

Case number

Succession Cause 66 of 2021

Judge

JN Kamau

The High Court at Vihiga struck out pleadings filed by an unqualified person purporting to represent an objector in a succession cause.

• Representation In Court
• Powers Of Attorney
• Unauthorised Legal Practice
• Probate And Administration
• Succession-cause
• Representation-in-court