REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII SUCCESSION CAUSE NO. 358 OF 2008 IN THE MATTER OF THE ESTATE OF THE LATE CHARLES MAINA MOKAYA (DECEASED) RULING 1. This is an application for amendment of the Grant of Letters of Administration issued in this cause on 19 th October 2009. The Application is dated 1st April 2026. It has been made by JULIANA MORAA MOGENDI the widow of the late CHARLES MAINA MOKAYA, and who is also the sole Administrator of the Estate. 2. The Application which is supported by the Supporting Affidavit of the said JULIANA MORAA MOGENDI, has stated that it is made pursuant to the provisions of Section 71 of the Law of Succession Act (Cap 160 Laws of Kenya). It has stated that the said Grant and even the Petition itself, did not include one property of the deceased. Namely NAIROBI/BLOCK 82/3773. Which is a house at Donholm Estate in Embakasi, Nairobi. 3. It has further stated that the reason she (Juliana) did not include this property in the Petition, was because it was on mortgage, and by that time, the mortgage had not yet been discharged. That it is only later, that the bank discharged it. Determination KISII HC Succession Cause No. 358 of 2008 1
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4. Upon considering the Application, I find it to have merit, hence I hereby allow it accordingly. With the consequence that the Grant of Letters of Administration of this Estate, issued on 19th October 2009, shall be amended to include the said property. For avoidance of doubt, the property is NAIROBI/BLOCK 82/3773. An Amended Grant in those terms shall issue. The Administrator shall file a distribution schedule detailing how this property shall be distributed or which beneficiary/beneficiaries it shall go to. The same be accompanied by consents of all the beneficiaries, to the proposed distribution/sharing 5. There shall be no orders as to the costs of this Application. DATED and DELIVERED at KISII on this 29 th day of July 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Succession Cause No. 358 of 2008 2
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