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…Given that the deceased was a polygamous man Section 40 of the Law of Succession Act Cap 160 Laws of Kenya would be applicable.…

…The Courts have, however, cautioned against the uniform application of Section 40.…

…That the learned trial magistrate erred in law and fact by failing to be guided by Section 35 & 40 of the Succession Act and awarding some children bigger portions of land than others. e.…

…The two therefore from one unit of the polygamous family under Section 40 . 20. In Rono -v- Rono Civil Appeal No. 66 of 2002 , where Waki J.…

…The distribution of an intestate estate where the deceased was polygamous is provided for under Section 40 of the Law of Succession Act.…

…The Courts have, however, cautioned against the uniform application of Section 40.…

…According to her, the proposal is in accordance with the provisions of Section 40 of the Law of Succession Act. 4.…

…He insisted that the proposal is in accordance with the provisions of Section 40 of the Law of Succession Act.…

…What is before this court is a Notice of Motion dated 11th August, 2025, brought under Sections 40 and 47 of the Law of Succession Act, Rule 63 of the Probate and Administration Rules, and Order 45 Rule 1 of the Civil Procedure…

…The Applicant's contention that non-compliance with Section 40 of the Law of Succession Act was never raised in that previous application, in my view, create a new issue.…

…The three parties sought to rely on Sections 39 and 40 of the Political Parties Act.…

…Their case thus falls squarely within the provisions of section 40(1)(a) and (b). 44.…

…Section 40 of the act provides that the estate of the deceased be divided equally among the houses in accordance with the number of children per house. 6.…

…As the deceased was polygamous, devolution of his estate is governed by section 40 of the Law of Successions Act.…

…Karanja in the case of In re Estate of Michael George Tendwa Said (Deceased) [2020] eKLR, Section 40 above is the applicable law where there is no agreement on distribution of the estate.…

…Section 40 was not designed for the circumstances of the instant estate, but it would appear more appealing for the purpose of distribution of the said estate than Section 35.…

…(d) Whether the learned magistrate failed to apply section 40 of the Act, or failed to exercise discretion judicially, in a polygamous intestacy.…

…Those authorities do not abolish section 40 but only require that discretion be exercised judicially on a sound legal and factual basis. 41.…

…The applicable law is therefore Section 40 of the Law of Succession Act which states as follows: “40.…

…While that case guarantees equality among children, it does not oust the strictures of Section 40 in polygamous setups.…

…40(3) of the County Government Act. 44.…

…Having perused section 40(3) of the county Governments Act and Standing order No. 66(6) of the Baringo County Assembly, I agree with the petitioner that standing orders No.66(6) contravenes the provisions of section 40(3)…

…Fridah’s counsel submitted that since the deceased was polygamous, his estate should be divided pursuant to the provisions of section 40 of the Law of Succession Act.…

…I am of the view that the High Court may exercise only such discretion as section 40 permits the Court to exercise when distributing the estate.…

…The remaining ¾ of the land property should then be divided in accordance to Section 40 of the Law of Succession Act.…

…Section 40 of the Law of Succession Act provides as follows on distribution of the estate where a deceased person died intestate; 40.…

…40 of the LOSA, Rule 49 and 63 (i) of the P & A Rules.…

…The court is urged to see that the said order did not take into account that the deceased was polygamous, and that the estate ought to have been distributed in accordance with section 40 of the LOSA – that for this reason…

…The deceased died intestate the relevant provisions are found at Part V of the Law of Succession Act and specifically Section 40 and Section 35.…

…It emphasized that the application of Section 40 must safeguard the constitutional principles of equality, equity and non- discrimination. 33.…

…Karanja in the case of In re Estate of Michael George Tendwa Said (Deceased) [2020] eKLR, Section 40 above is the applicable law where there is no agreement on distribution of the estate.…

…Section 40 was not designed for the circumstances of the instant estate, but it would appear more appealing for the purpose of distribution of the said estate than Section 35.…

…Section 40 provides for the Sugar Development Levy, and section 40(6) sets out the purposes and percentages to which the Levy is to be appropriated.…

…40(1), having regard to public interest and the statutory allocation of funds under section 40(6). 40.…

…This is a polygamous home; the applicable law is Section 40 of the Law of Succession Act provides- 40.…

…In Scolastica Ndululu Suva v Agnes Nthenya Suva [2019] eKLR, the Court of Appeal recommended a case-to-case application of Section 40 of the Law of Succession Act stating It is therefore evident that, although section 40…

…The Courts have, however, cautioned against the uniform application of Section 40.…

…In as much as section 40 LSA talks of ‘Equal Shares,” the distribution must also be equitable.”…