In re Estate of James Githaiga Kuria (Deceased) (Succession Cause E622 of 2021) [2025] KEHC 16594 (KLR) (Family) (21 October 2025) (Ruling) Neutral citation: [2025] KEHC 16594 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE E622 OF 2021 EKO OGOLA, J OCTOBER 21, 2025 IN THE MATTER OF THE ESTATE OF JAMES GITHAIGA KURIA (DECEASED) BETWEEN GRACE WANJIRU GITHAIGA ....................................................... 1ST APPLICANT PAUL KURIA GITHAIGA ............................................................... 2ND APPLICANT AND ALICE WANJIKU MURIGI ........................................................ ADMINISTRATOR RULING 1. The Summons for Rectification for Grant before this court is dated 22nd July 2025. The applicants pray for the following orders: a. Spent; b. That the Honourable Court be pleased to rectify the Certificate of Confirmation of Grant issued on 7th April 2025 to reflect the correct descriptions of the following properties: c. 2. i. That Ruiru/Kirere/228 be amended to read Ruiru/Ruiru West Block 3 (Kirere)/228 ii. That Ruiru/Kirere/229 be amended to read Ruiru/Ruiru West Block 3 (Kirere)/229 That the Deputy Registrar be directed to issue a rectified Certificate of Confirmation of Grant incorporating the correct property descriptions. The Summons was based on Paul Kuria Githaiga’s supporting affidavit. He deposed that there was an error apparent on the face of the Certificate of Confirmation of Grant, which erroneously listed Ruiru/ Kirere/228 instead of Ruiru/Ruiru West Block 3 (Kirere)/228 and listed Ruiru/Kirere/229 instead of https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16594/eng@2025-10-21 1
page 1 of 2
Ruiru/Ruiru West Block 3 (Kirere)/229. The applicants annexed to their affidavit the Certificates of Lease for both assets. 3. The Summons for Confirmation of Grant were served upon the 2nd Administrator/Respondent and an Affidavit of Service sworn on 2nd September 2025 was filed. No response was filed and the Summons are therefore unopposed. Determination 4. Rectification of Grants is provided for in section 74 of the Law of Succession Act, Cap 160, Laws of Kenya and Rule 43(1) of the Probate and Administration Rules. Section 74 provides as follows: “ “ 74. Errors may be rectified by court: Errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.” 5. Rule 43(1) provides as follows: “ Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the time or place of death of the deceased or, in the case of a limited grant, the purpose for which the grant was made, he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was made.” 6. From the language of section 74 and Rule 43(1), the scope of rectification of grants of representation is limited to errors in names and descriptions of property. The rectification sought in the Summons falls within the meaning of the aforementioned provisions. 7. The upshot is that the Summons for Rectification dated 22nd July 2025 are allowed. Certificate of Confirmation of Grant to be rectified forthwith according to prayer (b) of the Summons. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF OCTOBER, 2025. E. K. OGOLA JUDGE In the presence of: Otieno…………………… for the 1st, 2nd & 3rd Administrators/Applicants Gisiele……………………………………………………………… Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16594/eng@2025-10-21 2
page 2 of 2