High Court 8865 of 2026

In re Estate of Wagema (Deceased) (Succession Cause 2282 of 2000) [2026] KEHC 8865 (KLR) (Family) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8865 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 2282 OF 2000 LW GITARI, J JUNE 18, 2026 IN THE MATTER OF THE ESTATE OF MBURU WAGEMA - DECEASED RULING 1. 2. The Applicants James Mburu Muthiru and Mary Wambui Mwangi have moved this Court vide a Summons dated 26 May, 2025 seeking orders that: 1. That the Grant of letters of administration issued to the administrators Muthiru Mburu and Francis Muniu Mburu on 8th July, 2002 and confirmed on 13th May 2003 be rectified and the Applicants be substituted as the Administrators. 2. That the Applicants be substituted as the beneficiaries of the shares which were entitled to Muthiru Mburu and Francis Muthiru Mburu to go to the applicants. The Summons is supported by the Affidavit of the Applicants. The application is supported by the Affidavit sworn by the Applicants on 26th May 2025. The Applicants aver that the Administrators are now deceased and should be substituted as it is impossible to execute the grant. I have considered the application. Rectification of grant is provided for under section 74 of the law of Succession Act as follows: Errors in names and descriptions or in setting out 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” 3. I have considered the application. The applicants depone that the Grant issued to the administrators cannot be affected as both of them are now deceased. I find that since the grant was not executed and the Applicants were not beneficiaries entitled to the estate of the deceased herein, the Applicants cannot legally be appointed at this stage as the Administrators of the estate of the deceased. The Applicants https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8865/eng@2026-06-18 1

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