Lydiah Karimi & 1 other v Joanina Kaimuri Mbwiria & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO. 409 OF 2007 IN THE MATTER OF THE ESTATE OF SEBASTIAN MBWIRI KIENE (DECEASED) BETWEEN LYDIAH KARIMI.............................................................................1 ST APPLICANT EDWARD MWIRIGI MBWIRI..................................................2 ND RESPONDENT AND JOANINA KAIMURI MBWIRIA....................1ST PETITIONER/RESPONDENT JULIA MUGURE MBWIRIA........................2ND PETITIONER/RESPONDENT CHRISTINE MUKIRI.....................................3RD PETITIONER/RESPONDENT HELLEN MWARI........................................................................1 ST. PROTESTOR JANET NKIROTE MUNGANIA...............................................2 ND PROTESTOR RULING 1. I have considered the application dated 17 th November, 2021in the light of the supporting affidavits worn by LYDIA KARIMI in which she denies that PATRICK MUGAMBI is her son. 2. In the ruling dated 30th December, 2020 delivered on 28 th January, 2021, it is apparent that the estate was distributed to the widows and their respective children. 3. From the evidence on record, the name EDWIN MUGAMBI does not feature on the list of deceased’s children. I am therefore persuaded that the inclusion of EDWIN MUGAMBI on the list of LYDIAH KARIMI ‘s children was inadvertent. 4. This application was duly served and was not opposed. From the foregoing analysis therefore, the summons and filed on 29 th November, 2021 has merit and it is therefore hereby ordered: 1) The name EDWIN MUGAMBI is hereby expunged from paragraph 21 and 26 (iii) of this court’s ruling dated 30 th December, 2020 delivered on 28th January, 2021 2) The Certificate of Confirmation of Grant dated 03rd February, 2021 shall be rectified accordingly. DATED THIS 16TH DAY OF DECEMBER, 2021 T.W. CHERERE

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