High Court 16584 of 2025

2. 2. That the Grant of Letters of Administration and the Certificate of Confirmation of Grant of Letters of Administration, duly reviewed as aforesaid, be issued to the Applicants by the Registry. 3. That the costs of this Application be provided for. The Summons is based on Sunil Narshi Shah and Kamal Narshi Shah’s joint supporting affidavit sworn on the same date. They deposed that it recently came to their attention that the deceased owned one (1) share in Panama Industries Ltd and one (1) share in Cavina Housing Management Ltd. The applicants annexed to their affidavit copies of the CR-12 relating to the averments with regards to those assets. Determination 3. The applicants in this matter have come to this court seeking the orders prayed for by way of Summons for Review of Grant but they do not identify any enabling provisions of law for that purpose. 4. It is provided under Rule 49 of the Probate and Administration Rules that: “ “ 49. Applications not otherwise provided for A person desiring to make an application to the court relating to the estate of a deceased person for which no provision is made elsewhere in these Rules shall file a summons supported if necessary by affidavit.” 5. A simple perusal of the pleadings filed herein confirm compliance with the aforementioned provision. 6. It is also trite law this Court is clothed under Rule 73 of the Probate and Administration Rules with jurisdiction to issue orders that will meet the end of justice. That Rule provides that: “ “ 73. Saving of inherent powers of court Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.” 7. 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.” 8. A reading of Rule 73 together with the aforementioned holding yields a finding that this Court has the jurisdiction to issue the orders sought. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16584/eng@2025-10-28 2

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9. Noting the application dated 17 June 2022 previously filed in this matter, and ruled upon vide the Ruling delivered on 3rd July 2023, it is not the first time the Applicants have brought an application of a similar tenor in this matter. 10. It is worth cautioning the Applicants as to the Law of Succession in Rule 83(e) and 94 of the Probate and Administration Rules: “ 83. Duties of personal representatives Personal representatives shall have the following duties— e) 94. within six months from the date of the grant, to produce to the court a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account; Neglect or misapplication of assets by personal representatives When a personal representative neglects to get in any asset forming part of the estate in respect of which representation has been granted to him, or misapplies any such asset, or subjects it to loss or damage, he shall, whether or not also guilty of an offence on that account, be liable to make good any loss or damage so occasioned.” 11. Judicial time is finite. Bringing one application after the other which prayers sought ought to have been brought at once during Confirmation proceedings or at the very least in only one other subsequent application borders on abuse of court process. 12. The upshot is that the Summons for Review of Grant dated 25th February 2025. Certificate of Confirmation of Grant to be reviewed and a fresh Certificate of Confirmation of Grant be issued forthwith according to prayer 1(a) of the Summons for Review of Grant dated 25th February 2025. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF OCTOBER, 2025. E. K. OGOLA JUDGE In the presence of: No Appearance…………………………………………………………… for the Applicant Gisiele…………………………………………………………………………. Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16584/eng@2025-10-28 3

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