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MagistratePartially AllowedNot stated in judgment· [2025] KEMC 21 (KLR)

In re Estate of Jackson Kamande Gachomo (Deceased) (Succession Cause 531 of 2018) [2025] KEMC 21 (KLR)

Magistrates' Court (Succession)
27 February 2025
ANAloyce Peter Ndege
786 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Nakuru court allowed correction of share descriptions in a succession grant but refused to add newly discovered Safaricom shares through rectification.

What this practically means

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Executive summary

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The applicant, Eunice Wanjiru Kamande Gachomo, the administrator of the estate, brought a Summons for Rectification of Grant under section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. She sought rectification and confirmation of the Grant of Letters of Administration intestate issued on 23rd April 2019 and the Amended Certificate of Confirmation of Grant issued on 1st July 2021. Specifically, she sought that the Central Depository accounts described as Co-operative Bank 7,000 Shares and Kenya Commercial Bank 1363 Shares be rectified to read Co-operative Bank Shares and Kenya Commercial Bank Shares, because the share numbers fluctuated with each dividend issue, and that Safaricom Shares held under Member Number 10798702 be included in the list of assets, the applicant having been unaware of them at the time of petitioning. She also sought costs in the cause. The court found that rectification is available to correct mis-descriptions of property or names not fully or properly described in a grant, and that the Central Depository accounts fell within this purpose. However, relying on Re Estate of Charles Kibe Karanja (Deceased) 2015 eKLR, the court held that adding the Safaricom shares amounted to the introduction of a new asset, a fundamental change going to the core of distribution, which cannot be effected through rectification but requires an application for review of the confirmation orders. The court allowed prayers (i), (ii) and (iv), dismissed prayer (iii), and ordered costs in the cause.

Key legal issues

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01

Scope of rectification under section 74 of the Law of Succession Act

Holding

Rectification is appropriate for correcting mis-descriptions of assets but not for adding new assets to the estate

Reasoning

The court applied section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules, which permit rectification of errors in names and descriptions. The mis-stated share accounts were mis-descriptions fit for rectification. However, adding Safaricom shares that were unknown at petitioning would introduce a new asset, going beyond superficial correction to the substance of distribution, which requires review rather than rectification.

p. 2
02

Proper forum for addition of newly discovered estate assets

Holding

Newly discovered assets must be pursued through an application for review of the confirmation orders, following Re Estate of Charles Kibe Karanja

Reasoning

Relying on Re Estate of Charles Kibe Karanja (Deceased) 2015 eKLR, the court held that changes involving new assets are fundamental, not superficial, and touch the core of distribution. They cannot be effected by merely amending the certificate of confirmation; the proper approach is an application for review of the orders made at confirmation of the grant.

p. 2

Legal principles established

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  • Rectification under section 74 of the Law of Succession Act is available only to correct errors in names, descriptions, time and place of death, or the purpose of a limited grant, and not to add new assets
  • Discovery of new assets after distribution requires an application for review of the confirmation orders, not rectification of the certificate of confirmation

Court orders

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  1. 1.The Grant of Letters of Administration intestate and Amended Certificate of Confirmation of Grant issued on 23rd April 2019 and 1st July 2021 respectively be rectified and confirmed
  2. 2.The Central Depository accounts be rectified to read Co-operatives Bank Shares and Kenya Commercial Bank Shares respectively
  3. 3.Costs of the application be in the cause
  4. 4.Prayer number (iii) seeking inclusion of Safaricom Shares dismissed

Authorities

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Legislation

  • Law of Succession Act, Cap 160, Laws of KenyaSection 74
  • Probate and Administration RulesRule 43(1)

Cases cited (1)

  • Re Estate Of Charles Kibe Karanja (Deceased)
    2015 eKLR
Jurisdiction invoked
Section 74 of the Law of Succession Act, Cap 160 and Rule 43(1) of the Probate and Administration Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Estate of Jackson Kamande Gachomo (Deceased) (Succession Cause 531 of 2018) [2025] KEMC 21 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/21/eng@2025-02-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.