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Kenya decisions
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In re Estate of Joseck Thuo Ngeta (Deceased) [2025] KEHC 10634 (KLR)
The High Court at Nakuru upheld the deceased’s 3 February 2016 will, rejected forgery allegations, and dismissed a separate dependant claim.
Rukaria & 7 others v Rukaria [2025] KEHC 10231 (KLR)
The High Court allowed a succession appeal, holding that although the magistrate had jurisdiction, the will was not properly proved because the original will and attesting witnesses were not produced.
In re Estate of M'Twerandu M'Marete alias Tuerandu Marete (Deceased [2025] KEHC 8940 (KLR)
The High Court at Meru upheld a will after finding it complied with section 11 of the Law of Succession Act and confirmed probate in its terms.
In re Estate of Roger Bryan Robson (Deceased) [2025] KEHC 8562 (KLR)
The High Court upheld a 1997 will, found no proved forgery or coercion, and dismissed objections seeking revocation of probate in the estate of Roger Bryan Robson.
In re Estate of Joshua a Morit alias Morit arap Temuge (Deceased) [2025] KEHC 7091 (KLR)
The High Court held that the deceased died intestate and that a letter expressing intended distribution did not amount to a valid will. The estate was ordered shared equally among all children, including married daughters.
Tego v Tego [2025] KEHC 6283 (KLR)
The High Court dismissed a succession appeal, holding that the disputed will was invalid under Islamic law and that distribution had properly followed Qur’anic shares.
In re Estate of the Late Reuben Njoroge Njenga (Deceased) [2025] KEHC 5862 (KLR)
The court found that the will dated 22nd March, 2007 met all legal requirements for validity under the Law of Succession Act: it was in writing, signed by the deceased, and witnessed by two competent witnesses. There was no credible challenge to the testamentary capacity of the deceased or to the authenticity of the will or signatures. However, the court observed that the distribution in the will was heavily skewed in favour of the protestor, with the daughters and widow receiving disproportionately less, and that the will's language and bequests reflected gender and marital status discrimina…
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In re Estate of the Late Joseph Kiprotich Arap Kamoing (Deceased) [2025] KEHC 5855 (KLR)
The court found that the applicants failed to provide evidence to support their allegations of forgery or lack of testamentary capacity regarding the will dated 22nd February 2012. The mere assertion of forgery, without documentary or expert evidence, did not meet the requisite standard of proof, which is higher for allegations of fraud or forgery. The court further held that the will was validly executed in accordance with Section 11 of the Law of Succession Act, with the deceased having testamentary freedom under Section 5(1). On the issue of dependency, the court determined that the applic…
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In re Estate of Monica Katei Kithinga (Deceased) [2025] KEHC 5945 (KLR)
High Court dismissed a succession appeal, upholding a probate grant and finding the magistrate had jurisdiction, the will valid, and Kamba customary law inapplicable.
Wambare v Wambare [2025] KEHC 4891 (KLR)
High Court succession appeal on distribution of an intestate estate. The court set aside equal distribution and ordered the estate shared under the beneficiaries’ agreed proposal.
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