In re Estate of Mary Nyamiru Kiiru (Deceased) (Succession Cause E2047 of 2021) [2026] KEHC 404 (KLR) (Family) (20 January 2026) (Ruling) Neutral citation: [2026] KEHC 404 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE E2047 OF 2021 EKO OGOLA, J JANUARY 20, 2026 IN THE MATTER OF THE ESTATE OF MARY NYAMIRU KIIRU (DECEASED) IN THE MATTER OF ANTONY KIIRU NYAMIRO ........................................................... 1ST APPLICANT VERONICA NYAWIRA NYAMIRU ............................................... 2ND APPLICANT FRANCIS WAHOME NYAMIRU .................................................... 3RD APPLICANT RULING 1. The summons for rectification of the grant before this court is dated 20th March 2025. The applicants pray for the following orders: a. That the Certificate of Confirmation of Grant dated 18th September 2023 issued in this matter be rectified in the following respects as provided for by Rule 43(1) of the Probate and Administration Rules, such that the shares in Safaricom Limited, Kenya, be transferred to Veronica Nyawira Nyamiru of ID No. 24xxxx13 to hold in Trust for all the other beneficiaries. b. That the costs of this application shall be provided for. 2. The application is based on the grounds setout therein and applicant’s joint Supporting Affidavit. 3. The applicants depose that all the beneficiaries have consented to having the shares aforementioned be transferred to Veronica Nyawira Nyamiru to hold in trust for the other beneficiaries and also for effective management of the estate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/404/eng@2026-01-20 1
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Determination 4. The law on rectification of grant of letters of administration and Certificate of Confirmation of Grant is provided for in Section 74 of the Law of Secession Act and Rule 43(1) of the Probate and Administration Rules: 5. Section 74 reads 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) further stipulates that:“ 43(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 of 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.” From the aforementioned provisions, rectification is allowed so as to correct a misdescription of a property or to correct a name which has not been fully or properly described in the Grant. 7. The applicants pray that the mode of distribution be amended. It would be imprudent to seek rectification of the certificate of confirmation of grant. Such a change is fundamental, not superficial. It goes to the core of the distribution. It cannot be affected without touching the orders made by the court at the distribution of the estate. Consequently, such changes cannot and should not be effected through a mere amendment of the certificate of confirmation of grant. 8. However, this Court is still clothed with jurisdiction to issue orders that will meet the ends 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.” 9. From the foregoing, I hereby allow the application dated 20th March 2025, and I make the following orders: a. That the Certificate of Confirmation of Grant issued on 18th September 2023 be amended to reflect that the shares in Safaricom Limited, Kenya, be bequeathed to Veronica Nyawira Nyamiru of ID No. 24xxxx13 to hold in Trust for all the other beneficiaries. b. That the costs be in the cause. Orders accordingly. DATED AND DELIVERED AT NAIROBI THIS 20TH DAY OF JANUARY 2026 E.K. OGOLA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/404/eng@2026-01-20 2
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In the presence of: No Appearance.........for the Applicants Gisiele Muthoni...........Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/404/eng@2026-01-20 3
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