Kenya Case Law

Anthony Gatheca Amendi (Suing as the Legal Representative of the Estate of Anne Wangui Amendi alias Amedi - Deceased) & another v Wangugi & another

Anthony Gatheca Amendi (Suing as the Legal Representative of the Estate of Anne Wangui Amendi alias Amedi - Deceased) & another v Wangugi & another [2025] KEELC 5414 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 71 of 2023

Judge

JM Kamau

The Environment and Land Court at Nyandarua dismissed an appeal challenging revocation of titles to two land parcels and upheld the trial court’s judgment.

• Title Revocation
• Fraud And Illegality In Land Registration
• Succession And Inheritance
• Cooperative Society Land Disputes
• Land-title-revocation
• Fraud-in-land-registration

In re Estate of Ngulolu Cheruiyot alias Cheruiyot arap Ngulolu (deceased)

In re Estate of Ngulolu Cheruiyot alias Cheruiyot arap Ngulolu (deceased) [2025] KEHC 10134 (KLR)

Court

High Court

Case number

Succession Cause E028 of 2021

Judge

JK Ng'arng'ar

The High Court at Bomet dismissed an application to set aside a mediation settlement in a succession cause, finding the request premature and unsupported by Rule 39.

• Succession And Inheritance
• Mediation Settlement
• Setting Aside Agreements
• Succession-law
• Mediation
• Civil-procedure

Kinyanjui & another v Mbiyu

Kinyanjui & another v Mbiyu [2025] KEELC 5231 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E009 of 2023

Judge

MN Gicheru

The court found a customary trust over half of the suit land, ordered transfer to the plaintiffs, and dismissed the defendant’s counterclaim.

• Customary Trust
• Overriding Interests
• Land Registration
• Beneficial Ownership
• Succession And Inheritance
• Trespass

Kariuki v Mwihaki & another

Kariuki v Mwihaki & another [2025] KEELC 5151 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E005 of 2023

Judge

JO Olola

The Environment and Land Court allowed an appeal over a customary trust claim, finding the respondents had not proved the land was ancestral or held in trust.

• Customary Trusts
• Ancestral Land Claims
• Burden Of Proof
• Succession And Inheritance
• Family Land Disputes
• Customary-trust

Anyembe & another v Okwayo & another

Anyembe & another v Okwayo & another [2025] KEELC 5033 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 105 of 2019

Judge

DO Ohungo

The Environment and Land Court dismissed a suit challenging land transfers and subdivisions, finding the plaintiffs failed to strictly prove fraud or illegality.

• Fraudulent Transfer Of Land
• Land Registration
• Succession And Inheritance
• Locus Standi
• Burden Of Proof
• Title Nullification

Mwangi v Karii

Mwangi v Karii [2025] KEELC 5125 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E025 of 2024

Judge

MN Gicheru

The Environment and Land Court dismissed an appeal over ownership of family land, holding the appellant failed to prove lawful title and that customary trust issues remained intact.

• Customary Trusts
• Overriding Interests
• Land Registration
• Burial Rights
• Succession And Inheritance
• Customary-trusts

Nyamweya (Suing as the Legal Representative of the Estate of Tabitha Moige Nyamweya (Deceased)) v (Deceased & 9 others

Nyamweya (Suing as the Legal Representative of the Estate of Tabitha Moige Nyamweya (Deceased)) v (Deceased & 9 others [2025] KEELC 5018 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 37 of 2015

Judge

M Sila

The ELC held that a deceased spouse’s estate cannot seek posthumous separation of matrimonial property. Joyce Nyamweya’s suit was dismissed with costs.

• Matrimonial Property
• Succession And Inheritance
• Trusts In Land
• Joint And Common Ownership
• Polygamous Marriage Rights
• Matrimonial-property

Muthungu v Chiguzo & 4 others; Apollo Insurance Company Limited (Interested Party)

Muthungu v Chiguzo & 4 others; Apollo Insurance Company Limited (Interested Party) [2025] KEELC 4881 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 2 of 2021

Judge

AE Dena

The court held the petitioner was the registered owner of Kwale/Galu/Kinondo/577, quashed the Kadhi's order, and found the respondents failed to prove ownership.

• Land Title Registration
• Jurisdiction Of Kadhis Court
• Right To Fair Hearing
• Succession And Inheritance
• Rectification Of Land Register
• Administrative Action

Kiambati & another v Karambu

Kiambati & another v Karambu [2025] KEHC 8964 (KLR)

Court

High Court

Case number

Civil Appeal E019 of 2024

Judge

SM Githinji

The High Court dismissed an appeal over succession distribution, upholding equal shares for all six children of the deceased under section 38 of the Law of Succession Act.

• Succession And Inheritance
• Equal Distribution Of Estate
• Gender Equality In Inheritance
• Confirmation Of Grant
• Succession-and-inheritance
• Equal-distribution-of-estate

Mungai v Attorney General

Mungai v Attorney General [2025] KEHC 8544 (KLR)

Court

High Court

Case number

Petition E416 of 2023

Judge

LN Mugambi

The court found that Section 29(c) of the Law of Succession Act is unconstitutional because it discriminates against husbands by requiring them to prove dependency on their deceased wives to qualify as beneficiaries of the estate, while wives of deceased husbands are not subject to a similar requirement under Section 29(a). This differential treatment is based on sex and violates Article 27(4) (non-discrimination) and Article 45(3) (equality in marriage) of the Constitution. The court held that the doctrine of constitutional avoidance did not apply because the petition raised a direct constit…

Source excerpt

• Equality Before Law
• Gender Discrimination
• Succession And Inheritance
• Constitutional Interpretation