In re Estate of Jared Koita Cheteri - (Deceased) (Succession Cause 153 of 2002) [2025] KEHC 19036 (KLR) (18 December 2025) (Ruling) Neutral citation: [2025] KEHC 19036 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET SUCCESSION CAUSE 153 OF 2002 RN NYAKUNDI, J DECEMBER 18, 2025 RULING 1. 2. 3. Before this Court are summons for amendment of certificate of confirmation of grant seeking for orders that: a. That the certificate of confirmation of grant issued on 24th April 2025 to Lukas Makunda Koita, Joseph Munyanya Koita, James Chiteri Koita and Risper Namunyeri Koita be rectified on the parcel of land to read L. R. No. Marama Lunza 867, Marama Lunza 801, LR NO. 533/10/11 (Molo Township) and Plot No. 69. b. That the costs be in the cause. Which application is supported by the affidavit of Lucas Makunda Koita one of the administrators one of the administrators herein, sworn and filed and is premised on the following grounds: a. That the certificate of confirmation of grant was issued on the 24th April 2025. b. That two of the administrators have died, namely James Chiteri Koita and Risper Namuyeri Koita. c. That the deceased administrators be replaced by Geofrey Alwanga Koita and Leonard Ogola Koita d. That this application is brought expeditiously and inn good faith. The application is also supported by an affidavit sworn by the applicant who deponed as follows: a. That we were granted Letters of Administration and Certificate of Confirmation of grant dated 24th April 2025 which we now seek to amend. b. That two of our beneficiaries/Administrators are now deceased. c. That we hereby seek orders for amendment of the certificate of confirmation of grant and change of mode of distribution on the parcels of lands. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19036/eng@2025-12-18 1
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4. d. That this affidavit is sworn in support of my application for amendment of certificate of confirmation of Grant. e. That this application is made in good faith and in the interests of justice. f. That the contents of this affidavit are true to the best of my knowledge, information and belief. A duly signed consent on the amended schedule of distribution has been presented as follows: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19036/eng@2025-12-18 2
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S/No. Beneficiary Description property of Share Marama/lunza/867 Lucas Makunda Koita 5 Acres Joseph Koita Munyanya 2.5 Acres Gladys Koita Indimuli 2.5 Acres Celestine Chiteri Mukosi 2.5 Acres Petronilla Rodha 2.5 Acres Leonida Ogola Koita 1.0 Acres Plot No. 69 Lucas Makunda Koita Equally Joseph Koita Munyanya Equally Gladys Koita Indimuli Equally Celestine Chiteri Mukosi Equally Petronilla Rodha Equally Leonida Ogola Koita Equally Wyclife Koita Amukoya Equally Samuel Chiteri Koita Equally Geofrey Koita Alwanga Equally John Koita Nashisakha Equally https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19036/eng@2025-12-18 3
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Stephen Koita Equally Christopher Okusimba Koita Equally Plot No. Marama/lunza/801 Wyclifie Koita Amukoya 2.01 Acres Samuel Chiteri Koita 2.01 Acres Geofrey Koita Alwanga 2.01 Acres John Koita Nashisakha 2.01 Acres Stephen Koita 2.01 Acres Christopher Okusimba Koita 2.01 Acres L.r No. 533/10/11 (molo Township) Lucas Makunda Koita Equal Share Joseph Koita Munyanya Equal Share Gladys Koita Indimuli Equal Share Celestine Chiteri Mukosi Equal Share Petronilla Rodha Equal Share Leonida Ogola Koita Equal Share Wyclife Koita Amukoya Equal Share Samuel Chiteri Koita Equal Share Geofrey Koita Equal Share Alwanga https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19036/eng@2025-12-18 4
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John Koita Nashisakha Equal Share Stephen Koita Equal Share Christopher Okusimba Koita Equal Share Decision 5. This court has been approached to amend the certificate of confirmation of grant based on grounds that the two of the administrators James Chiteri Koita and Risper Namuyeri Koita are since deceased. That in furtherance of that amendment a change of the mode of distribution be efiected as per the above mode of distribution. The application law in Section 76 of the Law of Succession Act as read with Rule 73 (1) of the Probate and Administration Rules. What this means is that the Certificate of Confirmation of Grant which was issued on 24th April 2025 has become inoperative for reason of the death of the Administrators duly appointed by this Court under Section 66 of the same Act. 6. It is therefore necessary for this Court to appoint new administrators under Section 66 of the Act to complete the transmission of the estate. It is for these reasons that Geofrey Alwanga Koita and Leonida Ogola Koita be appointed conditions on them filing and signing for P&A 80, P&A 4, P&A 5, P&A 12 and P&A 57 for purposes of this court to proceed and issue an amended Certificate of confirmation of grant as per law established. 7. As a consequence, thereof, the Deputy Registrar of the High Court shall issue the forms aforementioned above to the new administrators to fill and file with the registry to trigger the issuance of the amended certificate of confirmation of grant. The status conference for compliance on 16th of January 2026. It is so ordered. DATED, SIGNED AND DELIVERED VIA CTS AT ELDORET THIS 18TH DAY OF DECEMBER 2025 ……………………………………………. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19036/eng@2025-12-18 5
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