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3. The applicants also filed a Beneficiaries’ Affidavit of Consent to the Mode of Distribution of Estate sworn on 9th December 2024 from the beneficiaries on the mode of distribution of the said asset. Determination 4. The applicants in this matter have come to this court seeking the orders prayed for by way of Notice of Motion which they bring pursuant to Rule 49, 63 and 73 of the Probate & Administration Rules, Order 45 of the Civil Procedure Rules and Section 1A, 1B , 3 and 3A of the Civil Procedure Act, Article 159 of the Constitution of Kenya. 5. The Applicants bring this Application, among other provisions, under Rule 49 of the Probate and Administration Rules. That Rule provides as follows: “ 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.” 6. Despite initiating proceedings under the aforementioned provision, the Applicants move the court by way of Notice of Motion rather than Summons. 7. Nevertheless, this Court is still clothed with jurisdiction to issue orders that will meet the end of justice. Rule 73 of the Probate and Administration Rules, which has been cited by the Applicants, 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.” 8. This is not the first time the Applicants have brought an application of a similar tenor in this matter. In re Estate of Peter Athanasius Fernandes (Deceased) [2024] KEHC 15392 (KLR) being an application dated 17th July 2024 and which was allowed, 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.” 9. A reading of Rule 73 together with the aforementioned holding yields a finding that this Court is clothed with the jurisdiction to issue the orders prayed for. It is however worth cautioning the Applicants as to the Law of Succession as contained in Rule 83(e) and 94 of the Probate and Administration Rules: “ 83. Duties of personal representatives https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16590/eng@2025-10-21 2

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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.” 10. Moreover, 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. 11. That in the upshot the Certificate of Confirmation of Grant issued on 9th October, 2023 and Rectified on 12th November, 2024 be further reviewed and a fresh Certificate of Confirmation of Grant be issued to include the asset as per the Schedule in paragraph 3 of the Supporting Affidavit sworn on 9th December, 2023. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF OCTOBER, 2025. E. K. OGOLA JUDGE In the presence of: Wachira……………………………………………………………. for the Applicants. Gisiele……………………………………………………………….. Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16590/eng@2025-10-21 3

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