High Court 19278 of 2025

4. In considering the prayers sought in the instant application, I have read through the Summons for Rectification of Grant with regard to the grounds set out in the support thereof alongside the included Schedule of Distribution and even though the application is unchallenged, the court finds it prudent to determine whether the same is meritable? 5. In the said Summons, the Applicants are seeking rectification of Grant to have the names of the Beneficiaries reduced to allow for only two (2) heirs to hold in trust all the properties for themselves and the other heirs/beneficiaries and have the name Konza North Block2(Malili) 526 be rectified to read Konza North/Konza North Block2(Malili) 562. 6. The Summons have been brought pursuant to the provision of Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, which provide for the jurisdiction for a court to grant an order for Rectification of Grant. 7. Section 74 of the Law of Succession Act provides that:“ Errors in names and descriptions, or in setting out 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.” 8. Rule 43 of the Probate and Administration Rules then states that:[43]. 9. Rectification of grant (1) 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 the 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 issued. (2) Unless at the time of issue of the summons the Registrar otherwise directs there shall be filed with the summons an affidavit in Form 13 by the Applicant containing such information as is necessary to enable the court to deal with the matter. (3) The summons, together with the affidavit (if any), shall without delay be laid by the Registrar before the court which may either grant the application without the attendance of any person or direct that it be set down for hearing on notice to the applicant and to such other persons (if any) as the court shall think fit. In the matter of the Estate of Geoffrey Kinuthia Nyamweinga (Deceased) [2013] eKLR, the Court stated thus:“ The law on rectification or alteration of grants is Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules - What these provisions mean is that errors may be rectified by the court where they relate to names or descriptions, or setting out of the time or place of deceased’s death. The effect is that the power to order rectification is limited to those situations, and therefore the power given to the court by these provisions is not general….” https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19278/eng@2025-10-14 2

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10. From the cited statutory and case law, the scope of rectification of grant in Succession and Probate seeks of a court to correct minor errors on the face of the official document such as the typographical errors on names, descriptions of people or property, in correct details in respect of the deceased’s time and place of death and errors in the purpose of a limited grant which would not have farreaching consequences in the grant. They are not meant for substantial changes such as adding assets intentionally omitted during the initiation of the application or changing of the beneficiaries or altering the confirmed mode of distribution. 11. Having taken into consideration the intended amendments and or the rectification sought to be made by the Summons, this Court finds the same to be minor errors and or mistakes which are unlikely to have far reaching consequences in the Grant. 12. Consequently, the Summons for Rectification dated 21st July, 2025 is therefore justified and the court proceeds to allow the same in the following terms:a. b. That the Certificate of Confirmation of Grant dated 5th August, 2022 be and is hereby rectified in the following terms:i) The names of the heirs for all properties be and is hereby rectified to read Tabitha Nduta Muhia & Samuel Gitau Muhia to hold in trust for themselves and Margaret Wanjiku Muhia, Jnae Njeri Maina, George Njuguna Muhia, Joyce Wanjiru Mwangi, Mary Wambui Muhiain equal shares. ii) Property named Konza North Block2 ( Malili) 526 be and is hereby rectified to read Konza North/Konza North Block2 ( Malili) 562. That the costs of this application be costs in the cause. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF OCTOBER ,2025. ....................................... D. O. CHEPKWONY JUDGE In the presence of: Applicants in person – Present Court Assistants - Martin/Sakina https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19278/eng@2025-10-14 3

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