In re Estate of Njuku (Deceased) (Probate & Administration E049 of 2024) [2026] KEHC 4216 (KLR) (13 January 2026) (Ruling) Neutral citation: [2026] KEHC 4216 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU PROBATE & ADMINISTRATION E049 OF 2024 DO CHEPKWONY, J JANUARY 13, 2026 IN THE MATTER OF THE ESTATE OF MURENGE GODFREY PETER NJUKU DECEASED IN THE MATTER OF GABRIEL MICHAEL NGANGA NJUKU ...................................... 1ST PETITIONER MARK ANTONY MUKIRI NJUKU ............................................. 2ND PETITIONER RULING 1. 2. For determination before this court is the Summons dated 6th November, 2025 which seeks the orders that: a. The Limited Grant of Letters of Administration issued to the Applicants on 15th December, 2024 in respect of the Estate of Godfrey Peter Murenge Njuku (Deceased) be amended/ or enlarged to authorize the Applicants to institute and defend any suit, claims or proceedings on behalf of the Estate of the Deceased. b. The costs of this application be in the cause. The Application is based on the grounds as set out on its face and the Supporting Affidavit of Gabriel Michael Ng’ang’a sworn on the instant date. The Applicants have deponed that they were duly appointed as Administrators of the Estate of Godfrey Peter Murenge Njuku, the Deceased on 24th November, 2024 by virtue of Limited Grant of Administration which authorized them to act as Defendant in specified cases filed against the said Estate. The Applicants aver that on 7th October, 2025, some third parties trespassed onto the Deceased’s properties and began demolitions. That they wish to file a suit and obtain injunctive orders against these parties but cannot do not so with the current letters of administration. The Applicants thus need to have it amended or enlarged to enable them institute, defend or take legal action on behalf of the Estate as they face the risk of the Estate being unlawfully destroyed, thus causing it irreparable harm. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4216/eng@2026-01-13 1
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Determination 3. To determine whether or not the prayer sought in the Summons dated 6th November, 2025 is meritable, I have carefully read through the Supporting Affidavit of the 1st Respondent. I find that the Summons herein is based on the provisions of Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. 4. The Section 74 provides 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, maybe be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.” 5. Rule 43(1) on the other hand provides that :“ Where the holder of the 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 and place of 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 made.” 6. In this case, the amendment is seeking to change the purpose for which the Limited Grant was issued initially. The initial grant was limited to defending the suits which were listed therein. The application to have the Grant amended or enlarged to allow or authorise the Applicants institute and or defend any suit or claims or proceedings on behalf of the Estate of the Deceased. 7. A change or rectification of purpose in a Limited Grant is one of reasons an application for rectification under Section 74 of the Law of Succession may be granted. In the circumstances, the Summons dated 6th November, 2025 is found merited and the same is allowed in the following terms:a. The Limited Grant of Letters of Administration issued to the Applicants on 15th December, 2024 in respect of the estate of Godfrey Peter Murenge Njuku (Deceased) be and is hereby amended/ or enlarged to authorize the Applicants to institute and defend any suit, claims or proceedings on behalf of the estate of the deceased. b. The costs of this application shall be in the cause. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 13TH DAY OF JANUARY , 2026. D. O. CHEPKWONY JUDGE In the presence of: Mr. Githeri counsel for the Administrators Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4216/eng@2026-01-13 2
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