Court of Appeal Clarifies Trusts in Succession Disputes: Key Insights

On March 21, 2025, the Court of Appeal in Nairobi delivered a pivotal judgment in Solomon Muniu Kabata v. Eliud Ngugi Mbugua (Civil Appeal No. 274 of 2019), shedding light on determining trusts in succession disputes. This landmark judgment, delivered by Justices Musinga, Tuiyott, and Odunga, clarifies how to determine trusts and the powers of probate courts.

This decision is a crucial resource for families and lawyers dealing with estate disputes in Kenya. It offers clear guidance on the often complex issue of trusts.

Background of the Case

The case arose from a dispute over the estate of Kabata Munyuko, who died without a Will in 2004.

At the heart of the conflict was LR No. Limuru/Rironi/T.190, a parcel of land registered in the deceased’s name. The key question was whether the deceased held this property in trust for his nephews, including Eliud Ngugi Mbugua, or whether it belonged to his immediate family, led by his son, Solomon Muniu Kabata.

The trial court initially ruled that the property was not held in trust, favouring distribution to the deceased’s children. However, the High Court reversed this, finding that the land was held in trust for the nephews based on elder proceedings and occupation evidence. Solomon Muniu Kabata then appealed, challenging the High Court’s findings on trust and jurisdiction.

Two Key Legal Issues and Court Findings

The Court of Appeal addressed two main issues, offering clarity on trusts and succession law in Kenya:

1. Jurisdiction of Probate Courts in Trust Disputes

The appellant argued that probate courts cannot determine land ownership or trust issues, suggesting these matters belong in the Environment and Land Court.

The Court of Appeal disagreed, citing Bena Nafula Makana & 2 others v. Nyaoro Akoth Muka Crescentia & 8 others [2019] eKLR. Under Section 47 of the Law of Succession Act, probate courts have jurisdiction to resolve disputes concerning intestate estates, including trust claims, especially in family disputes.

This finding affirms that succession proceedings are a suitable forum for trust claims, reducing the need for separate litigation.

2. Proving a Trust: The Evidentiary Burden

Eliud Ngugi Mbugua claimed that LR No. Limuru/Rironi/T.190 was a gift from his grandfather, Munyuko Kimotho, held in trust by the deceased for him and his cousins. The Court of Appeal emphasised that the burden of proving a trust lies with the claimant, and courts will not presume a trust unless necessary (Juletabi African Adventure Limited & Another v. Christopher Michael Lockley [2017] eKLR).

The respondent’s evidence was lacking in three ways:

1. Lack of Documentation: Eliud Ngugi Mbugua admitted he had no proof of the alleged gift from his grandfather.
2. Inconsistent Testimony: A former chief’s testimony referenced a different property (Limuru/Rironi/51), and no record supported the claimed 1997 agreement on T.190.
3. Elders’ Decision: Contrary to the respondent’s claim, the elders’ ruling indicated that T.190 was the deceased’s property under Kikuyu customs, as his brothers had already inherited another parcel (Limuru/Rironi/T.166).

The Court of Appeal found that the High Court erred in relying on insufficient evidence. It overturned the High Court’s decision and reinstated the trial court’s distribution plan.

Outcome of the Appeal

The appeal was allowed, and the High Court’s judgment was set aside. The estate, including LR No. Limuru/Rironi/T.190 was to be distributed as proposed by Solomon Muniu Kabata on July 8, 2014, prioritising the deceased’s immediate family. The appellant was awarded costs.

Three Reasons Why This Judgment Matters

This judgment has three significant implications for succession and trust disputes in Kenya:

1. Streamlined Jurisdiction: By affirming probate courts’ authority to handle trust claims, the ruling simplifies the resolution of family estate disputes, saving time and costs.
2. High Evidentiary Standard: Claimants must provide concrete evidence, such as written agreements or consistent witness accounts, to establish a trust. Oral claims or partial occupation are insufficient.
3. Cultural Context: The court’s consideration of Kikuyu customs underscores the role of customary law in succession, provided it aligns with statutory requirements and is supported by evidence.

Three Practical Takeaways for Families and Practitioners

To navigate succession disputes effectively, consider these three steps:

1. Document Trusts Clearly: Ensure gifts or trusts are recorded in writing, ideally through registered transfers or declarations of trust, to meet legal requirements (Re Estate of the Late Gedion Manthi Nzioka [2015] eKLR).
2. Preserve Evidence: Maintain records of elder proceedings, land tribunal decisions, or other relevant documents to support trust claims.
3. Seek Expert Legal Advice: Engage experienced succession lawyers to assess claims and represent your interests in probate proceedings.

Why Choose Our Law Firm?

At Kubwa & Company Advocates, our team of seasoned succession and estate planning attorneys is well-versed in Kenyan law, including the latest judicial precedents like Solomon Muniu Kabata v. Eliud Ngugi Mbugua. We provide tailored solutions to protect your family’s legacy, whether you’re drafting a will, contesting an estate, or resolving trust disputes. Our commitment to excellence ensures your case is handled with expertise and care.

Facing a succession or trust dispute? Don’t leave your estate to chance. Contact us for a consultation with our expert lawyers. Call or email us to schedule an appointment. Visit our website for more insights on Kenyan succession law.

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