High Court 7756 of 2018

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI SUCCESSION CAUSE NO. 10 OF 2017 IN THE MATTER OF THE ESTATE OF JOEL KITHOME MUSUNZA (DECEASED) PATRICIA MUNANYE KITHOME ALICE SYLVIA KITHOME.……...............................APPLICANTS RULING 1. Joel Kithome Musunza (Deceased) died domiciled in Kenya on the 18th October, 2011. A grant of representation to his Estate was issued to Patricia Munanye Kithome and Alice Sylvia Kithome. The Estate was subsequently distributed. All assets were shared equally amongst the beneficiaries. 2. On 8th June, 2017, the Administratix of the Estate approached this Court by way of general summons pursuant to the provisions of Section 74 of the Law of Succession Act and Rule 43 of the Probate & Administration Rules seeking to have the certificate of confirmation of the grant issued rectified to include the following properties: (a) Mwingi/Mwingi/104. (b) Mwingi/Mwingi/598. (c) Mwingi/Mwingi/600. (d) Mwingi/Mwingi/1392. (e) Mwingi/Mwingi/5113. (f) Mwingi/Mwingi/5625. (g) Kyuso/Kyuso“A”/48. (h) L.R. No. 23357. (i) Bank Account No. [Particulars Withheld] Kenya Commercial Bank Ltd. (j) Bank Account No. [Particulars Withheld] Equity Bank Ltd. (k) Shares in Safaricom Ltd (Share A/c No. [Particulars Withheld]. And that the same be distributed in equal shares among beneficiaries. 3. The application is premised on grounds that: a) Subsequent to the issuance of the Certificate of Confirmation of Grant, the legal representatives of the Estate of the Deceased have been able to identify and access the title documents to the properties that were disclosed in Certificate of Confirmation of Grant but whose land reference numbers were missing. b) In order to be able to administer the entire Estate of the Deceased, it is only fair and just that all the assets be included in the Grant.

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