https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12637
The court was satisfied from the application, supporting affidavit, and annexures that the certificate of confirmation of grant contained an error in the names of two beneficiaries and that the application had merit; it therefore allowed the amendment/rectification.
Source-derived case information.
- Citation
- [2026] KEHC 12637 (KLR)
- Parties
- Petitioner/applicant: Wenslaus Ongoa Momanyi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 586 of 2012
- Procedural Posture
- Succession Cause; Application to Amend/rectify Certificate of Confirmation of Grant / Ruling on Notice of Motion
- Outcome
- Application allowed
- Judges
- ["PK Rotich"]
- Legal Topics
- Amendment/rectification of Certificate of Confirmation of Grant, Estate Administration, Correction of Names of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wenslaus Ongoa Momanyi
Petitioner/applicant
Procedural Posture
Succession Cause; Application to Amend/rectify Certificate of Confirmation of Grant / Ruling on Notice of Motion
Legal Issues
- 1 Whether the certificate of confirmation of grant should be amended/rectified to correct the names of two beneficiaries
- 2 Whether the applicant had demonstrated sufficient basis for the requested amendment
Ratio Decidendi
The court was satisfied from the application, supporting affidavit, and annexures that the certificate of confirmation of grant contained an error in the names of two beneficiaries and that the application had merit; it therefore allowed the amendment/rectification.
Court Disposition
Application allowed
Orders
- The amended certificate of grant confirmed on 16th December 2025 and issued on 16th February 2026 is to be amended/rectified to correct the names of the beneficiaries by including their third names.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **SUCCESSION CAUSE NO. 586 OF 2012** **IN THE MATTER OF THE ESTATE OF PATRICK MAKORI MOMANYI (DECEASED)** **IN THE MATTER OF AMMENDMENT OF CERTIFICATE OF CONFIRMATION OF GRANT** **AND** **IN THE MATTER OF LAW OF SUCCESSION ACT CAP 160** **WENSLAUS ONGOA MOMANYI ..................... PETITIONER/APPLICANT** **RULING** 1. Before me is a Notice of Motion dated 8/5/2026. In the Application, the Petitioner/Applicant seeks the following prayers: - 2. That the Applicant Wenslaus Ongoa Momanyi to hold for himself and in trust for other beneficiaries namely, the Estate of Josephine Mokiera Makori, the Estate of Winfred Onyoni Onchoke, Thomas Obungu Momanyi and Bernard Nyaboke Matundura. 3. That the amended certificate of grant confirmed on 16th December, 2025 and issued on 16th February, 2026 be amended/rectified on account that the two beneficiaries the late Josephine Mokeira Makori and Late Winfred Onyoni Onchoke respectively were erroneously indicated as the Estate of Josephine Mokeira and the Estate of Onyoni Onchoke, omitting their third names. 4. The Application is based on the grounds on the face of it and the supporting Wenslaus Ongoa Momanyi sworn on18th May, 2025. 5. Having carefully perused the application and its supporting affidavit and the annexture, the court finds the same has merit. The application is, therefore, allowed. Dated, signed and virtually delivered via Ms. Teams this 31st day of July 2026. **Hon. P. K. Rotich** **JUDGE**