Kenya’s Supreme Court has ruled that families involved in inheritance disputes have an automatic right to appeal decisions made by the High Court, even when those decisions are made as the first court in the case.
The ruling ends years of confusion in succession cases and opens the door for many families to seek further justice without first asking for permission.
The decision was delivered on March 31, 2026, in Petition No. E029 of 2024, between Eliud Mwendia Wandi and Kevin Wanjohi Muchira.
The case arose from a long-running family dispute over land left behind by Magu Mwenje, also known as Peter Wandi Mwenje, who died in 1998.
At the heart of the dispute was a land parcel Kabare/Mutige/20 in Kirinyaga County.
Two women, Annah Wanjiku Wandi and Jane Muthoni Muchira, were both recognized by the courts as widows of the deceased, each with children.
Lower courts ruled that the land should be shared between the two households. (JSC)?
Supreme Court Clears Way for Inheritance Appeals
Over the years, the matter moved from the Magistrate’s Court to the High Court. In 2015, the High Court confirmed the grant and ordered the land to be distributed among the two widows and their children.
Eliud Mwendia Wandi, one of the beneficiaries, appealed the decision at the Court of Appeal.
However, in 2021, the Court of Appeal struck out the appeal without examining the merits of the case.
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The judges ruled that since the High Court had heard the succession matter in its original capacity, an appeal to the Court of Appeal required special permission, known as leave.
Because no such leave had been sought, the appeal was declared invalid.
This interpretation locked out many litigants in succession cases, especially those whose matters began in the High Court.
The issue created conflicting court decisions across the country, with some benches insisting on leave and others allowing appeals to proceed directly.
The dispute reached the Supreme Court after the Court of Appeal granted leave in 2024, citing the matter as one of general public importance.
Court’s Judgement
In its judgment, the Supreme Court overturned the Court of Appeal’s decision in its entirety.
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The apex court ruled that no law in the Constitution or the Law of Succession Act requires a party to seek leave before appealing a High Court decision in a succession matter.
The Supreme Court held that imposing such a requirement through judicial practice was unlawful and discriminatory.
The judges observed that parties whose cases start in the Magistrate’s Court have a clear right to appeal to the High Court, and it would be unfair to deny a similar right to those whose cases begin in the High Court.
The court stated that all litigants must be treated equally under Article 27 of the Constitution and must have access to justice under Article 48.
The judges added that denying families the right to appeal solely because of where their case was first filed runs counter to the spirit of the Constitution.
As a result, the Supreme Court ruled that decisions of the High Court made in its original jurisdiction in inheritance cases can be appealed to the Court of Appeal as of right, without the need to seek permission.
The court set aside the Court of Appeal judgment delivered on February 5, 2021, reinstated the struck-out appeal, and ordered that it be heard afresh by a different bench of the Court of Appeal on priority.
The judges directed that each party should bear their own costs, noting that the dispute was a family matter.
The ruling is expected to have a wide impact across the country, particularly in rural areas where land inheritance disputes are common.
Many families whose appeals were previously blocked for lack of leave may now seek to revive their cases.
