High Court 19309 of 2025

b. The column of share of heirs be rectified to read; To be sold and net proceeds shared equally among all beneficiaries being Grace Wanjiru Nguru, Sarah Njeri Waithanji, David Njoroge Nguru, Lily Wanjiku Mwangi, Tabitha Nduta Nguru, Moses Kiriga Nguru and Nancy Wambui Nguru. c. The costs of these proceedings be in the cause. 2. The application is based on the grounds set out on its face and the Supporting Affidavit of Sarah Njeri Waithanji sworn even date. It is the Applicant’s case that Grant of Letters of Administration was issued and confirmed on 23rd November 2022. On behalf of here Co-Administrators, the deponent holds that one of the Administrators has since passed on and there is therefore need for the Grant to be amended in order to delete his name therein. 3. According to the Applicant, after Confirmation of the Grant, the Deceased herein held a 25% share in property known as LR.209/785/24 Sheikh Karuma which share she held in trust of the Estate of Kiriga Githuba pursuant to a deed of family settlement signed between the deceased and Kiriga Tithuba (deceased) dated 26th September, 2016. Also by a deed of settlement dated 10th March, 2025, the Administrator relinquished any claim by the estate on L.R.No.209/785/24 0 Sheikh Karume and undertook to have the same transmitted to the Administrators of the Estate of Kiriga Githuba who are the rightful owners. Further, the Applicants hold that all the Administrators as well as the beneficiaries of the deceased’s estate desire to have the property known as L.R. Longonot/Kijabe/3080 (Utheri wa Lari) sold and net proceeds shared equally among the beneficiaries. The Applicants thus urge the court to amend the Grant as per schedule in the Supporting Affidavit since all the beneficiaries have consented to the rectification. They have attached the Certificate of Confirmation of Grant, Death Certificate to confirm death of David Njoroge Nguru, copy of title to L.R. No.209/785/24 – Sheikh Karume, copy of deed of family settlement, copy of deed dated 10th March, 2025 and Letters of Administration. 4. Having read through the Summons for Rectification of Grant and Supporting Affidavit alongside annexures attached thereto being “SNW1 to 6” this Court finds the issue for determination being whether the amendment sought by the Applicant is meritable. 5. The Summons has been brought pursuant to the provisions of Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, which donate the jurisdiction for this Court to order for rectification of Grant. 6. Section 74 of the Law of Succession Act which 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.” 7. Rule 43 of the Probate and Administration Rules provides that:[43]. 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19309/eng@2025-10-30 2

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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. 8. (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….” 9. From the above cited statutory provisions and case law, Summons for Rectification of Grant is the legal process through which minor errors in a Grant of Representation which may be limited to errors in names of the beneficiaries or the deceased, incorrect description of property or assets, such as acreage or L.R Number error in setting out the place or time of deceased’s death, are sought to be corrected. This, unlike Summons for Revocation of Grant, Summons for Rectification is simple and does not involve substantive change(s) in the Mode of Distribution of the estate assets. 10. In the instant Summons for Rectification, although the same is unchallenged, this Court has examined the prayers sought and read through the affidavit in support, alongside the annexures attached thereto and finds that the Applicants seek to have the Certificate of Confirmation of Grant issued on 28th March, 2022 altered or amended to reflect the deletion of the name of one of the Administrators, David Kimani Kiriga, who died on 10th April, 2025 before the completion of the administration of Deceased’s Estate and the Consent by all the Beneficiaries to have the 25% shares by the Deceased in trust for the Estate of Kiriga Githuba pursuant to a deed of family settlement between her and Kiriga Githuba (Deceased) dated 26th September, 2016 transmitted to the Estate of Nguru Githuba. Also, the beneficiaries reflect that L.R. Longonot/KijABE/3080 (Utheri was Lari) be sold and the proceeds shared equally amongst them. 11. According to the Applicants, these issues were discovered after Confirmation of Grant hence the proposed rectification or alteration in the Certificate of Grant. However, these issues do not amount to errors relating to names of beneficiaries or the deceased, in setting out the place of time of the deceased’s death. They relate to absolute transfer of some assets to same beneficiaries and changes in the distribution of the two properties being L.R. 209/785/24 – Sheikh Karuma and property known as I.R Longonot/Kijabe/3080 (Utheri was Lari) which are substantive as they go to the root of distribution. 12. In view of this, the Applicant’s ought to have made an application for review of Confirmation of Grant to accommodate the said transfer and changes in distribution of the two properties. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19309/eng@2025-10-30 3

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13. For this reason, the Court finds that Summons for Rectification dated 16th June, 2025 lacking merit and the same is hereby struck out. 14. Costs to be in the cause. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF OCTOBER , 2025. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19309/eng@2025-10-30 4

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