WILLIE J. DANIEL V. PUBLIC TRUSTEE

JUDGMENT

LAW V-P

Daniel Kagunya Kimenyi, an African of the Kikuyu tribe, died on 13^th January 1970 and left a will whose validity has been challenged in a suit brought by the appellant, his son, who claims that it is invalid under section 4 of the African Wills Act in so far as it (i) deviates from the entrenched customary law of dividing a piece of land equally between “houses”, and (ii) devises immoveable property to one widow.

It is common ground that the land in question is registered under the Land Adjudication Act and accordingly falls within the definition of “registered land” in section 2 of the Registered Land Act. The sole executrix named in the will, the deceased’s widow Susana Karungari, has renounced her right to probate and administration of the will, and has consented to the Public Trustee administering the estate. The Public Trustee is accordingly administering the estate, under section 4(3)(c) of the Public Trustee Act (hereinafter referred to as “the Act”). He has not …