In re Estate of Peter Clement Kamau Gitau alias Peter C Kamau Gitau (Deceased) (Succession Cause 201 of 2015) [2025] KEHC 18574 (KLR) (Family) (4 November 2025) (Ruling) Neutral citation: [2025] KEHC 18574 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 201 OF 2015 EKO OGOLA, J NOVEMBER 4, 2025 IN THE MATTER OF THE ESTATE OF PETER CLEMENT KAMAU GITAU ALIAS PETER C. KAMAU GITAU (DECEASED) RULING 1. The Summons for Rectification of Grant before this court is dated 9th June 2025. The applicants pray for the following orders: a. That the Rectified Certificate of Confirmed Grant issued to Teresia Wairimu Kamau in this matter on 19th September 2023 be rectified to include in the schedule of assets ½ of Dagoretti/ Riruta/5405 and the property be registered in the name of Teresia Wairimu Kamau. b. Thatcosts be in the cause. 2. The Summons were supported by the affidavit sworn by Teresia Wairimu Kamau’s on even date. 3. The applicant deposed that the property known as ½ of Dagoretti/Riruta/5405 was not included in the schedule of assets, as the property came to their attention at a later date and was therefore omitted from the previous succession proceedings. It is for these reasons the Applicant prays for the Confirmation of Grant to be rectified. 4. The applicant annexed to their affidavit Consent from the beneficiaries for Rectification of Grant and Consent on the mode of distribution of the said property signed and dated the same day. The Summons are consented to and not opposed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18574/eng@2025-11-04 1
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Determination 5. I have considered the Summons and the Affidavit in Support. Rectification of Grants is provided for in section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. Section 74 provides as follows: “ 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.” 6. 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.” 7. 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 inclusion of assets of the deceased falls outside the ambit of the aforementioned provisions. 8. Where new assets are discovered after distribution, it would be imprudent to seek rectification, or alteration, or amendment of the Certificate of Confirmation of Grant. Such changes are substantive in nature and not superficial and cannot be affected without touching the orders made by the court at the distribution of the estate. Accordingly, the proper approach is to make an application for a review of the orders made at the confirmation of the grant. This was held in Re Estate of Charles Kibe Karanja (Deceased) 2015 eKLR. 9. However, 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, provides that: “ 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.” 10. From the foregoing, I hereby allow the application as prayed. 11. The upshot is that the Summons for Rectification dated 9th June 2025 are hereby allowed. Certificate of Confirmation of Grant to be rectified forthwith according to prayer (a) of the Summons. The costs of the Application be in the Cause. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 4TH DAY OF NOVEMBER 2025. ..................................... E. K. OGOLA JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18574/eng@2025-11-04 2
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M/s Cuna…………………………………………………………… for the Administrators Gisiele M.………………………………………………………………………. Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18574/eng@2025-11-04 3
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