Ruling Succession Cause No. E396 of 2022 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MILIMANI FAMILY DIVISION SUCCESSION CAUSE NO. E396 OF 2022 IN THE MATTER OF THE ESTATE OF DANIEL KARIUKI MWAURA (DECEASED) RULING 1. The Summons for Rectification of Grant before this court is dated 22nd April 2025. The applicants pray for the following orders: 1. That this file having been closed on 23 rd April 2023 before DR. Hon. A. S. Lesootia be re-opened. 2. That the grant of probate for letters of administration and confirmation of grant issued on 5th July, 2022 and confirmed on 16th day of November, 2023 to JANE MUGURE and SOSPETER MWAURA KARIUKI in this matter be rectified in the following respects as provided for by Rule 43(1) of the Probate and Administration Rules. 3. That Plot No. 109/2546 385 (Umoja House K189) being shared equally between Sospeter Mwaura Kariuki and Anderson Peter Gachahi Kariuki be solely registered in the name of Sospeter Mwaura Kariuki. 4. That costs of this application be provided for. 2. The Summons was based on Jane Mugure and Sospeter E. K. OGOLA J. Page 1 of 4
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Ruling Succession Cause No. E396 of 2022 Mwaura Kariuki’s joint affidavit sworn on even date. They deposed that there was an error on the Certificate of Confirmation of Grant, being that Plot No. 109/2546 385 (Umoja House K189) being shared equally between Sospeter Mwaura Kariuki and Anderson Peter Gachahi Kariuki be solely registered in the name of Sospeter Mwaura Kariuki. 3. The applicants also filed a Consent for Rectification of Grant signed and dated the same day. The Summons are consented to and not opposed. 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 E. K. OGOLA J. Page 2 of 4
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Ruling Succession Cause No. E396 of 2022 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 therefore falls outside the ambit of the aforementioned provisions. 7. The beneficiaries before this court have decided to redistribute the Estate as prayed. The affected beneficiary, Anderson Peter Gachahi Kariuki, has signed a Consent for Rectification of Grant dated 22nd April 2025 to that effect. It is interests of justice to allow the Application. 8. The upshot is that the Summons for Rectification dated 22 nd April 2025 are allowed. Certificate of Confirmation of Grant to be rectified according to prayer (3) of the Summons. Costs be in the cause. It is so ordered. DATED and DELIVERED at NAIROBI this 28th day of October, 2025. _____________________ E. K. OGOLA JUDGE In the presence of: Mr. Nyagah……..………………………………………………….. for the Administrator. E. K. OGOLA J. Page 3 of 4
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Ruling Succession Cause No. E396 of 2022 Gisiele………………………………………………………………………… Court Assistant. E. K. OGOLA J. Page 4 of 4
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