Professional Documents
Culture Documents
Law of Succession
Law of Succession
Law of Succession
COURSE INSTRUCTOR: Lillian Vungo (LL.D Candidate, University of Pretoria, SA; LL.M,
University of Leeds, UK; LL.B(Hons), Moi University; Dip.in Laws, K.S.L; Advocate of the High
Court of Kenya)
Email: lvungo@mku.ac.ke
Course Objectives:
General:The student should be able to understand the role which the law of succession plays in
the orderly devolution of property of the deceased to the beneficiaries within the legal framework
of the Constitution of Kenya,2010, the Law of Succession Act and Case Law.
Specific objectives – at the end of the course the student should be able to –
i. Review the historical background of the law of succession in Kenya
ii. Explain define the scope and purpose of the Law of Succession
iii. Explain the conflicts of succession laws
iv. Demonstrate the legal mechanism of making a will and other succession/dispositive
instruments
v. Learn the rules of intestacy or intestacy succession
Recommended Readings:
1. WM Musyoka Law of Succession (Nairobi, Lawafrica 2010) – Musyoka 1
2. WM Musyoka A Casebook on the Law of Succession (Nairobi, Lawafrica 2010) –
Musyoka 2
3. JHC Morris Theubald on the Laws of Wills (London, Sweet & Maxwell 1947)
4. E Cotran Casebook on Kenya Customary Law (Nairobi Professional Books Ltd &
Nairobi University Press 1987)
NB: Statutory documents and case law form part of the mandatory readings.
MODE OF ASSESSMENT:
CAT 1 & 2 shall make 30% of the total marks to be earned.
The final examination (70%) shall consist of five questions out of which three are to be
attempted (including a compulsory one).
OUTLINE
1
To appreciate the basic principles that guide Courts in construing Wills.
In the matter of the Estate of Hasalon Mwangi Kahero [2013] eKLR (HCt) – (non-family
member)
Eunice Karimi Kibunja v Mwirigi M’Ringera Kibunja [2013] eKLR (CA) (divorced
daughter could inherit)
Mode of delivery: lectures
Objectives
To understand the various ways in which intestacy occurs
To understand the rules of division of property of a deceased person who dies without
having made a will
WEEK 10 - C.A.T. II
Signed By
Head of Department:
Dean