REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAPSABET PROBATE & ADMINISTRATION CAUSE NO. E013 OF 2024 IN THE MATTER OF THE ESTATE OF KIPSAMBU ARAP NGAINGAILEM (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION OF GRANT BY THE PETITIONER RULING [1] Before the Court for determination is the Summons dated 30th October 2025. It was filed the by the Petitioner, Samuel Kipkalum Bore, under Sections 71(1) and (3) and 72 of the Law of Succession Act, Cap 160 of the Laws of Kenya and Rule 73 of the Probate and Administration Rules for the following orders: [a] That the Certificate of Confirmation of Grant made to the petitioner be rectified or amended. [b] That the costs of the application be provided for. [2] The application was premised on the grounds that there is an error apparent on the face of the Certificate of Confirmation which requires rectification before the same can be acted upon by the lands registry. In his Supporting Affidavit sworn on 30 th October 2025, the petitioner deposed that he was advised by the lands registry that without an amendment and rectification of the Certificate of Confirmation to reflect the correct measurements on 1|Page HCFP&A NO. E013 OF 2024 RULING
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the ground as at now, it was not possible for the distribution to be concluded. [3] Accordingly, at paragraph 7 of the Supporting Affidavit, the petitioner proposed the amended acreage and shares of each of the beneficiaries for the Court’s approval. He averred that no prejudice will be suffered by any person if the orders sought by him are granted as all the beneficiaries are agreeable to the adjustments on the ground. [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." [6] I have given due consideration to the averments set out in the Supporting Affidavit and the documents annexed thereto. I am satisfied that the application is meritorious. Indeed, the Court has powers under Rule 73 of the Probate and Administration Rules to make such orders as may be necessary for the ends of justice. It states: 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. 2|Page HCFP&A NO. E013 OF 2024 RULING
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[7] In the premises, the application is allowed and orders granted as follows: [a] That the Certificate of Confirmation of Grant issued herein on the 27th May 2025 be and is hereby rectified in the manner proposed at paragraph 7 of the petitioner’s Supporting Affidavit sworn on 30 th October 2025 and issued forthwith to the petitioner. [b] That the costs of the application be borne by the estate. It is so ordered. DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 16 TH DAY OF JUNE 2026 ……..……………………………. HON. OLGA SEWE JUDGE 3|Page HCFP&A NO. E013 OF 2024 RULING
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