REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT HOMA BAY SUCCESSION CAUSE NO. 508 OF 2015 IN THE MATTER OF THE ESTATE OF GAYA AKOKO (DECEASED) AND IN THE MATTER OF SUMMONS FOR RECTIFICATION OF GRANT PURSUANT TO SECTION 74 OF THE LAW OF SUCCESSION ACT, CHAPTER 160, LAWS OF KENYA RULING [1] Before the Court for determination is the Summons dated 18th November 2024. It was filed by the petitioner/applicant, Peter Gaya Yonga, for Rectification of the Grant of Letters of Administration Intestate issued herein on 12 th June 2012. It was filed under Section 74 of the Law of Succession Act, Cap 160 of the Laws of Kenya. In particular, the petitioner prayed that the Grant of Letters of Administration Intestate issued to him, which was confirmed on 31st January 2017 be amended to take into account the computed acreage upon subdivision of the estate property by the land surveyor. [2] The applicant averred that, after the Confirmation of Grant, the land surveyor visited the estate property and it was then discovered that the acreage of the following parcels of land on the ground was different from what was in the Register of Lands: 1|Page HCFP&A NO. 508 OF 2015 RULING
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[a] L.R. NO. CENTRAL KARACHUONYO/KOGWENO ORIANG’/510 revealed an area of 1.56 HA against the registered area of 1.24 HA [b] L.R. NO. CENTRAL KARACHUONYO/KOGWENO ORIANG’/542 revealed an area of 0.88 HA against the registered area of 0.80 HA [c] L.R. NO. CENTRAL KARACHUONYO/KOGWENO ORIANG’/1841 revealed an area of 0.54 HA against the registered area of 0.40 HA [3] The applicant further averred that there is need therefore to amend the Certificate of Confirmation and adjust the Mode of Distribution to accord with the exact measurement as indicated in paragraph 4 of the Supporting Affidavit. The proposals were supported by several documents, including a letter dated 17 th November 2023 written by the Sub-County Surveyor, confirming that the computed acreage upon survey was different from what was in the documents presented as the basis for subdivision. [4] Section 74 of the Law of Succession Act, recognizes that: "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." [5] In the same vein, Rule 43(1) of the Probate and Administration Rules stipulates that: "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... 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|Page HCFP&A NO. 508 OF 2015 RULING
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[6] In the premises, having given due consideration to the application dated 18th November 2024, I am satisfied that it is meritorious. The same is hereby allowed and orders granted as follows: [a] That the Certificate of Confirmation of Grant issued herein on 31st January 2017 be and is hereby amended as proposed by the applicant to reflect the correct acreage as ascertained by the Land Surveyor. [b] The fresh proposed Mode of Distribution as set out at paragraph 4 of the applicant’s Supporting Affidavit is hereby approved for implementation. [b] That there be no order as to costs of the application. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 29TH DAY OF MAY 2026 …………………….…………. HON. OLGA SEWE JUDGE 3|Page HCFP&A NO. 508 OF 2015 RULING
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