REPUBLIC OF KENYA IN THE HIGH COURT AT KISII SUCCESSION CAUSE NO. E009 OF 2022 IN THE MATTER OF THE ESTATE OF BEN GESICHO KERAGORI OIGARA (DECEASED) RULING 1. The Applicants ELIZABETH NYASUGUTA OIGARA and LAMBERT NYANCHOKA OIGARA have through their Application dated 16th April 2026 sought rectification of Grant of Probate that was confirmed through a Certificate of Confirmation issued in this Estate, by this Court on 19th December 2025. 2. It is deposed that the amended grant of probate of written will was confirmed and issued on 19 th December 2025. Distribution of the estate was done according to the grant. Applicants applied for transmission of L.R NO. HOMABAY- KANYADA KOTIENO KOTUMA A/1407, 1433 & 1385, at the Homabay Land Registry on 7th April 2026. 3. It is further deposed that while the Applicants were successful in transferring the interests of the deceased to the beneficiaries, they realized that L.R NO. HOMABAY - KANYADA KOTIENO KOTUMA A/1385 does not belong to the deceased and that in fact it is L.R NO. HOMABAY - KANYADA KOTIENO KOTUMA A/1395 that belonged to him. KISII HC Succession Cause No. E009 of 2022 1
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4. The Applicants depose that the error arose from the Summons for Confirmation they filed; which is dated 21st July 2025. They have stated that the error was inadvertent. Determination 5. From the Application and the Supporting Affidavits of the Applicant, the issue to be determined by this Court, is whether the errors alluded to by the Applicants, merit an order of rectification of the grant. 6. This Court’s power of rectification, is provided for in Section 74 of the Law of Succession Act (Cap 160 Laws of Kenya) as read with Rule 43 of the Probate and Administration Rules. 7. 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 may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.” 8. Rule 43(1) provides as follows: “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 KISII HC Succession Cause No. E009 of 2022 2
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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.” 9. The w=errors on which the Court can exercise the power of rectification, are minor errors that do not go to the root of the grant, and whose correction will not alter the grant, or alter the distribution. These should be ordinarily typographical errors or errors in the spelling of names or description of properties. 10. What this Application seeks to rectify in this case, is merely the land title number, that has been misstated, or a description of that land parcel. In my view the error is one of accidental slip, or typographical slip. Its correction will nether upset the distribution, or fundamentally alter the grant. 11. Instead of describing the land being described as HOMABAY - KANYADA KOTIENO KOTUMA A/1395, the Applicants described it as HOMABAY - KANYADA KOTIENO KOTUMA A/1385. The error being 1385 instead of 1595. This is supported by the copy of title deed annexed to the Application. 12. This error being a mere misdescription of a property, is rectifiable under Section 74 and Rule 43 (1); as the rectification will not result in redistribution of the estate. Neither will it fundamentally change the grant. KISII HC Succession Cause No. E009 of 2022 3
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13. Consequently, the Application is found to have merit, and is hereby allowed, accordingly. Consequently, it is hereby directed that the amended Certificate of Confirmation of Grant dated the 19 th December 2025 be rectified so that the said property is described KOTUMA as A/1395 HOMABAYand not KANYADA KOTIENO HOMABAY- KANYADA KOTIENO KOTUMA A/1385. 14. It is so ordered. DATED and DELIVERED at Kisii on this 21 st day of July, 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Succession Cause No. E009 of 2022 4
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