In re Estate of the Late Mwaura Christine Wambui (Deceased) (Succession Cause 147 of 2024) [2026] KEHC 4293 (KLR) (1 April 2026) (Ruling)

In re Estate of the Late Mwaura Christine Wambui (Deceased) (Succession Cause 147 of 2024) [2026] KEHC 4293 (KLR) (1 April 2026) (Ruling)

Omission of substantive assets cannot be cured by rectification under Section 74; however, discovery of new assets justifies review under Order 45 Civil Procedure Rules, permitting amendment of the Certificate of Confirmation of Grant to include the assets and correct descriptions.

Citation
[2026] KEHC 4293 (KLR)
Parties
1st Petitioner/applicant: Wangare Mwaura Henry; 2nd Petitioner/applicant: Anastasia Wamuyu Thiongo; 3rd Petitioner/applicant: Veronica Njeri Mwaura; 4th Petitioner/applicant: Margaret Wanjiru Waweru; 5th Petitioner/applicant: Susan Wanjiru Mwaura
Court
High Court
Jurisdiction
Kenya
Judgment Date
1 April 2026
Case Number
Succession Cause 147 of 2024
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
Certificate of Confirmation of Grant reviewed and amended; omitted assets included; property description rectified; no order as to costs.
Legal Topics
Rectification of Grant, Review of Confirmation of Grant, Distribution of Estate
Source Language
English
Succession Law Rectification of Grant Review of Confirmation of Grant Distribution of Estate

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Parties

Wangare Mwaura Henry

1st Petitioner/applicant

Anastasia Wamuyu Thiongo

2nd Petitioner/applicant

Veronica Njeri Mwaura

3rd Petitioner/applicant

Margaret Wanjiru Waweru

4th Petitioner/applicant

Susan Wanjiru Mwaura

5th Petitioner/applicant

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether omitted assets can be included via rectification under Section 74 of the Law of Succession Act
  2. 2 Whether the application falls within review jurisdiction under Order 45 Civil Procedure Rules

Ratio Decidendi

Omission of substantive assets cannot be cured by rectification under Section 74; however, discovery of new assets justifies review under Order 45 Civil Procedure Rules, permitting amendment of the Certificate of Confirmation of Grant to include the assets and correct descriptions.

Court Disposition

Certificate of Confirmation of Grant reviewed and amended; omitted assets included; property description rectified; no order as to costs.

Orders

  • Certificate of Confirmation of Grant issued on 5th November 2025 reviewed to include omitted assets.
  • Eldoret Municipality/Block 12 Pioneer rectified to read parcels 770 and 772, held by Margaret Wanjiru Waweru.