In re Estate of Ann Wanjiku Kimindi (Deceased) (Succession Cause E1277 of 2022) [2025] KEHC 16410 (KLR) (25 September 2025) (Ruling) Neutral citation: [2025] KEHC 16410 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) SUCCESSION CAUSE E1277 OF 2022 EKO OGOLA, J SEPTEMBER 25, 2025 IN THE MATTER OF THE ESTATE OF ANN WANJIKU KIMINDI (DECEASED) RULING 1. Before this court is the Summons for Amendment of the Grant issued to Harrison Kimindi Githaiya on 18th May 2023 and confirmed on 20th November 2023. The summons dated 27th September 2024 seeks the following orders: 1. That Grant of Letters of Administration together with the Certificate of Confirmation of Grant in this cause be amended by including Plot No. H 17 Huruma. 2. That the said plot be distributed to the Administrator. 2. The application is anchored on the ground that the Administrator is the only child and sole beneficiary to the estate of the Deceased. 3. The Summons are supported by the affidavit of Harrison Kimindi Gathaiya dated 27th September, 2024 in which he deposed that Plot No/ H. 17 Huruma was left out in the Confirmed Grant. 4. He also deposed that no application for provision of dependent is pending and no estate duty is payable in respect of the estate of the Deceased. Determination 5. Section 74 of the Law of Succession Act, Cap 160, Laws of Kenya provides for the circumstances in which a Grant may be rectified as follows:“ Errors in names and description, or in setting out the time and place of the deceased’s death, or the purpose of in a limited Grant, may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered or amended accordingly.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16410/eng@2025-09-25 1
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6. Having considered the Summons for amendment of Grant and the Supporting affidavit and noting that the Applicant is the sole Administrator and only beneficiary of the estate, I grant the prayers in the Summons dated 27th September 2024. 7. I therefore make the following order; 1. That the Grant of Letters of Administration together with the Certificate for Confirmation of Grant made to Harrison Kimindi Gathaiya be amended to include Plot No. HXXXX Huruma. 2. That Plot No. HXXXX Huruma be distributed to the Administrator. 3. I make no orders as to costs. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 25TH DAY OF SEPTEMBER, 2025. E.K OGOLLA JUDGE In the presence of: No appearance...for the Administrator/Applicant Gisiele Mohamed.................Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16410/eng@2025-09-25 2
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