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Kenya decisions
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Mwangi v Kamande & another [2025] KECA 1312 (KLR)
The Court of Appeal directed the applicant to file a further affidavit with missing documents before it could consider an extension-of-time application in a succession appeal.
In re Estate of Edward Nganga Kabue (Deceased) [2025] KEHC 10527 (KLR)
The High Court granted a limited grant ad colligenda bona to preserve an intestate estate and authorized payment of Kshs 4 million toward the widow’s hospital bill.
Goko & 5 others v Goko & another [2025] KEHC 10418 (KLR)
High Court dismissed an appeal against revocation of a succession grant, finding no evidence the respondents were served and holding the distribution was discriminatory.
Kirui & another (Suing in their Capacities as the Personal Representatives of Musa Kipkirui Chumo alias Kipkirui arap Chumo alias Musa K Chumo (Deceased)) v Nyamara & 9 others [2025] KEELC 5330 (KLR)
The Environment and Land Court held that dismissal of the succession cause did not revoke the grant of letters of administration, so the plaintiffs had locus standi.
Estate of Edith Wambui Waithaka(Also Known as Edith Wamboi Waithaka and also Known as Eddith Wambui Waithaka (Deceased) [2025] KEHC 10639 (KLR)
The High Court at Nakuru allowed an application to join a deceased beneficiary’s executor as an interested party in succession proceedings concerning the Estate of Edith Wambui Waithaka.
Mwaniki & another v Kamara & 2 others [2025] KECA 1236 (KLR)
The Court of Appeal at Nyeri allowed an application to extend time and substitute a deceased appellant after delay in obtaining letters of administration ad litem.
Ngwiri v Wanyange & 2 others (Sued as the Administrator of the Estate of the Late Kariu Nyange) [2025] KEBPRT 327 (KLR)
The Tribunal allowed a tenant’s reference, holding a notice to terminate tenancy was premature because the landlord’s interest in the estate had not yet been created.
Balala & another v Balala & another; Al-Beity (Interested Party) [2025] KEHC 10554 (KLR)
The court found that the preliminary objection did not raise a pure point of law as it required the ascertainment of facts and the exercise of judicial discretion. The orders appealed against were interlocutory, not interim, and thus not barred from appeal by Rule 112(6) of the Kadhis' Courts (Procedure and Practice) Rules, 2020. The court held that Rule 86 is permissive and does not require leave to appeal from the Kadhi's Court to the High Court. The Civil Procedure Rules only apply to Kadhi's Court matters where there is a lacuna, which was not the case here. The court further found that t…
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In re Estate of Nazario Gitonga (Deceased) [2025] KEHC 9959 (KLR)
The court found that the preliminary objection did not raise a pure point of law as required by the established legal standard in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd. The objection required the court to consider factual matters and the nature of the reliefs sought, which is not permissible at the preliminary stage. Furthermore, any procedural defects in the applicant's approach were deemed technicalities that should not override the court's duty to deliver substantive justice, as mandated by Article 159(2)(d) of the Constitution. The court held that it would be pr…
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Nekesa v Kiniale & another [2025] KEHC 9886 (KLR)
The High Court at Bungoma allowed an oral application to amend the date of a summons, correcting it from 4 July 2024 to 24 July 2024.
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