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High CourtAllowedRunyenjes Succession Cause No. 6 of 2007

In re Estate of the Deceased (Runyenjes Succession Cause No. 6 of 2007)

High Court of Kenya
12 May 2010
WKW. Karanja
375 words in judgment
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The bottom line

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Kenya's High Court ruled a deceased person's land must be shared equally between houses in a polygamous family, overturning an unfair distribution.

What this practically means

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Executive summary

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This was an appeal from the trial Magistrate's judgment dated 27 February 2008 in Runyenjes Succession Cause No. 6 of 2007, delivered on protest against the proposed mode of distribution of the estate of the deceased. The appellant, the only surviving spouse and petitioner, proposed that the 8-acre plot KAGAARI/KIGAA/1957 be subdivided into two equal parts, one per house of the deceased. The deceased had two houses with eight dependants each, so equal division would not favour either house. The protestor, Joseph Mutiso Muchira, representing his house, proposed a distribution largely adopted by the trial Magistrate under which three members of his house received 2 acres and 1.5 acres each (5.5 acres in aggregate), while all other beneficiaries shared the remaining 2.5 acres. Karanja J held that this unequal allocation between houses was unjustified and contrary to Section 40 of the Law of Succession Act, which governs distribution of estates of polygamous persons by houses. The court allowed the appeal and set aside the judgment of 27 February 2008, ordering that plot KAGAARI/KIGAA/1957 be subdivided into two equal 4-acre portions: the first house's share to be transferred to the petitioner for equal sharing among her children, and the other share to be registered in the name of the protestor to distribute equally amongst his siblings. Funds at Aembu Farmers Co-operative Society were to be shared equally between petitioner and protestor for demarcation. Each party was to bear its own costs of the appeal.

Key legal issues

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Whether the trial Magistrate's distribution of the parcel among beneficiaries contravened Section 40 of the Law of Succession Act

Holding

It did; the appeal was allowed, the judgment set aside, and the land ordered divided equally between the two houses.

Reasoning

The deceased had two houses of eight dependants each. The appellant proposed equal division of the 8-acre parcel between the houses. The protestor's mode, largely adopted by the Magistrate, gave three members of one house an aggregate of 5.5 acres, leaving the remaining beneficiaries to share only 2.5 acres. The court found this unequal treatment of the houses unjustified under Section 40, which governs distribution of estates of polygamous persons, and substituted an equal 4-acre allocation per house.

p. 2

Legal principles established

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  • Distribution of a polygamous estate must follow Section 40 of the Law of Succession Act, treating each house equally where houses have equal numbers of dependants.

Court orders

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  1. 1.Appeal allowed; judgment dated 27/2/2008 set aside
  2. 2.Plot No. KAGAARI/KIGAA/1957 to be subdivided into 2 equal portions, each house receiving 4 acres
  3. 3.1st house's share (4 acres) to be transferred to the petitioner to share equally among her children
  4. 4.Other share to be registered in the name of protestor Joseph Mutiso Muchira to distribute equally amongst his siblings
  5. 5.Money at Aembu Farmers Co-operative Society to be shared equally between petitioner and protestor for demarcation of the plots
  6. 6.Each party to bear its own costs of the appeal
On appeal from
Magistrates' Court (Runyenjes)
Runyenjes Succession Cause No. 6 of 2007
Jurisdiction invoked
First appeal on the mode of distribution of a deceased's estate under the Law of Succession Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Estate of the Deceased (Runyenjes Succession Cause No. 6 of 2007)", Case Analysis (2010). Runyenjes Succession Cause No. 6 of 2007. Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.