In re Estate of Alice Kemunto Ondieki (Deceased) (Succession Cause E1159 of 2023) [2026] KEHC 1457 (KLR) (Family) (12 February 2026) (Ruling) Neutral citation: [2026] KEHC 1457 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE E1159 OF 2023 EKO OGOLA, J FEBRUARY 12, 2026 IN THE MATTER OF THE ESTATE OF THE LATE ALICE KEMUNTO ONDIEKI (DECEASED) IN THE MATTER OF KENNEDY ONSONGO OBWAYA ......................................................... APPLICANT RULING 1. The summons before this Court is dated 25th August 2025. The applicant seeks review of the Certificate of Confirmation of Grant made on 25th February 2025 to include the following bank accounts: a. Account Numbers: 0110xxxx800 b. Account Numbers: 0110xxxx00 c. Account Numbers: 0110xxxx200 d. Account Numbers: 0110xxxx00 e. Account Numbers: 0110xxxx300 2. The summons is premised on the grounds appearing on its face and is supported by the affidavit of the applicant. It is deposed that at the time the grant was confirmed, the applicant was unaware of the existence of the said bank accounts. He avers that he is the surviving widower and sole beneficiary of the estate of the deceased and that the inclusion of the accounts would not prejudice any party. 3. The jurisdiction of this Court to review its orders in succession proceedings flows from section 47 of the Law of Succession Act and Rule 63 of the Probate and Administration Rules, which imports the provisions of Order 45 of the Civil Procedure Rules. Under Order 45 Rule 1, an applicant must https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1457/eng@2026-02-12 1
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demonstrate discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced at the time the order was made, or point to an error apparent on the face of the record, or establish any other sufficient reason. The application must also be brought without unreasonable delay. 4. The question, therefore, is whether the applicant has satisfied the threshold for review. 5. The Certificate of Confirmation of Grant was issued on 25th February 2025. The present application was filed on 25th August 2025, approximately six months later. In the circumstances of this case, and noting the explanation given that the accounts were discovered after confirmation, I am satisfied that the delay has been reasonably explained. 6. The applicant has placed before the Court material indicating that the listed bank accounts were not included in the schedule of assets at the time of confirmation. There is no evidence that the omission was deliberate or actuated by bad faith. I am satisfied that the existence of the accounts was not within the applicant’s knowledge at the time. 7. Furthermore, the applicant states that he is the surviving spouse and sole beneficiary of the estate. No protest or objection has been placed before the court to controvert that position. The inclusion of the additional assets would therefore serve the purpose of ensuring that the entire estate is properly administered and transmitted. 8. Succession proceedings are intended to facilitate the just and complete distribution of a deceased person’s estate. Where assets are discovered after confirmation, the court retains power, in appropriate cases, to review its orders so as to bring such assets within the administration process, provided the strict requirements for review are met. 9. In the present matter, I am persuaded that the discovery of the bank accounts constitutes new and important matter within the meaning of Order 45 rule 1. It would be contrary to the interests of justice to leave the assets outside the confirmed grant merely because they were unknown at the time. Consequently, the summons dated 25th August 2025 is merited. 10. The Certificate of Confirmation of Grant dated 25th February 2025 shall be issued in amended form to reflect the inclusion of the said bank accounts. Costs of the cause are in the cause. Orders accordingly. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF FEBRUARY 2026 ……………………………………… E.K. OGOLA JUDGE In the presence of: M/s Awandi holding brief Were…………………………………. for the Applicant Gisiele Muthoni Court Assistant E. OGOLA J. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1457/eng@2026-02-12 2
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