In re Estate of Allan Mbugua Kiarie (Deceased) (Succession Cause 889 of 2012) [2025] KEHC 16451 (KLR) (Family) (21 October 2025) (Ruling) Neutral citation: [2025] KEHC 16451 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 889 OF 2012 EKO OGOLA, J OCTOBER 21, 2025 IN THE MATTER OF THE ESTATE OF ALLAN MBUGUA KIARIE (DECEASED) IN THE MATTER OF WAMBUI KAIRI ..................................................................... 1ST ADMINISTRATOR WALTER NJOROGE KAIRI ................................................ 2ND ADMINISTRATOR RULING 1. The Summons for Review of Grant before this court is dated 3rd October 2024. The applicants pray for the following orders: a. That this Honourable Court be pleased to review the Certificate of Confirmation of Grant to the Estate of Allan Mbugua Kaire (deceased) dated 13th October, 2016 to include the following properties: i. Title Number Nairobi/Block 202/1805 (formerly Dagoretti/Waithaka/1805). ii. Title Number Nairobi/Block 202/1806 (formerly Dagoretti/Waithaka/1806). iii. Plot Number FB/1550 in Karagita E.A. Ltd Dandora (now Title Number Nairobi/ Block 115/749). b. That the Schedule in the Certificate of Confirmation of Grant dated 13th October, 2016 be reviewed to include Title Number Nairobi/Block 202/1805 (formerly Dagoretti/Waithaka/1805), Title Number Nairobi/Block 202/1806 (formerly Dagoretti/ Waithaka/1806) and Plot Number FB/1550 in Karagita E.A. Ltd Dandora (now Title Number Nairobi/Block 115/749). c. That costs be in the cause. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16451/eng@2025-10-21 1
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2. The Summons was based on the Applicants’ supporting affidavit. They deposed that while the Certificate of Confirmation of Grant dated 13th October, 2016 lists Title No. Dagoretti/ Waithaka/1236 in the schedule for distribution, they have established that before the deceased passed away, Title No. Dagoretti/Waithaka/1236 was subdivided into Title No. Dagoretti/Waithaka/1805 and Title No. Dagoretti/Waithaka/1806. 3. They further averred that the said Title No. Dagoretti/Waithaka/1805 was converted to Title No. Nairobi/Block 202/1805 and the said Title No. Dagoretti/Waithaka/1806 was converted to Title No. Nairobi/Block 202/1806. The applicants annexed to their affidavit a Mutation Form and Gazette Notice relating to the averments with regards to those assets. 4. In addition, they averred that they had established that the deceased was also the owner of Plot Number FB/1550 in Karagita E.A. Ltd Dandora, now known as, Title Number Nairobi/Block 115/749. The applicants annexed to their affidavit a Letter of Allotment relating to the averments with regards to that asset. 5. The applicants also filed a Consent to Review Grant dated 2nd October 2024 from the beneficiaries on the mode of distribution of the said assets. Determination 6. In re Estate of Peter Athanasius Fernandes (Deceased) [2024] KEHC 15392 (KLR) the court stated that: “ If there is discovery of new assets that were not available or had not been discovered at the time of distribution, among others; it would be imprudent to seek rectification or alteration or amendment of the certificate of confirmation of grant. Such changes are fundamental, not superficial. They go to the core of the distribution. They cannot be affected without touching the orders made by the court at the distribution of the estate. Consequently, such changes cannot and should not be affected through a mere amendment of the certificate of confirmation of grant. The proper approach ought to be an application for review of the orders made at the confirmation of the grant.” 7. The applicants in this matter have duly come to this court seeking the orders prayed for by way of Summons for Review Grant brought under Rule 49, 63 and 73 of the Probate & Administration Rules and under Order 45 of the Civil Procedure Rules and Section 1A, 1B and 3A of the Civil Procedure Act, 2010. 8. Those provisions need not to be reproduced as their contents are of notoriety. A reading of those provisions together with the decision in In re Estate of Peter Athanasius Fernandes (Deceased) (supra) yields a finding that this Court is clothed with the jurisdiction to issue the orders prayed for. 9. The upshot is that the Summons for Review of Grant dated 3rd October 2024 are allowed. Certificate of Confirmation of Grant to be reviewed and a fresh Certificate of Confirmation of Grant be issued forthwith according the Consent to Review Grant dated 2nd October 2024. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF OCTOBER, 2025. E. K. OGOLA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16451/eng@2025-10-21 2
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In the presence of: Mshila................for the Applicants. Gisiele..................Court Assistant E. K. OGOLA J. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16451/eng@2025-10-21 3
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