https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12950
The court found that the certificate of confirmation correctly described the land parcel as NYARIBARI CHACHE/B/B/BOBURIA/6148, so there was no error to rectify; the application was mistaken and therefore failed.
Source-derived case information.
- Citation
- [2026] KEHC 12950 (KLR)
- Parties
- Deceased: Estate of Charles Ongeri Onami; Administrator/applicant: Richard Omae Makori
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 74 of 2012
- Procedural Posture
- Succession Cause Application for Rectification of Certificate of Confirmation / Ruling on Summons for Rectification
- Outcome
- Application dismissed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Rectification of Certificate of Confirmation, Clerical Error, Land Parcel Description, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estate of Charles Ongeri Onami
Deceased
Richard Omae Makori
Administrator/applicant
Procedural Posture
Succession Cause Application for Rectification of Certificate of Confirmation / Ruling on Summons for Rectification
Legal Issues
- 1 Whether the certificate of confirmation contained an error warranting rectification.
- 2 Whether the application was brought on a mistaken factual basis.
Ratio Decidendi
The court found that the certificate of confirmation correctly described the land parcel as NYARIBARI CHACHE/B/B/BOBURIA/6148, so there was no error to rectify; the application was mistaken and therefore failed.
Court Disposition
Application dismissed
Orders
- Summons for rectification dated 18th March 2024 dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **SUCCESSION CAUSE NO. 74 OF 2012** **IN THE MATTER OF THE ESTATE OF CHARLES ONGERI ONAMI** **RULING** 1. This ruling is on the Application dated 18th March, 2024. Which is a Summons for Rectification of the Certificate of Confirmation issued in this matter on 8th November 2013. The Summons is supported by the Supporting Affidavit of RICHARD OMAE MAKORI the Administrator of this Estate. 2. It has stated that the reason for the intended rectification is that there is an error in the Certificate. That the error is in the description of the land parcel comprised in this Estate. That the error is that the land is stated in the Certificate as NYARIBARI CHACHE B/B/BOBURIA/5148 instead of NYARIBARI CHACHE/B/B/BOBURIA/6148. That the error is that the number is stated as 5148 instead of 6148. 3. Upon perusal of the said Certificate, I find no error in it. In fact, it is the Application itself that is erroneous. The actual position is that the said land parcel is actually stated as NYARIBARI CHACHE/B/B/BOBURIA6148. Which is the correct number. Therefore, there is no error as alleged in this Application. For that reason, this Application is mistaken and fails. Hence is hereby dismissed accordingly. **DATED and DELIVERED at KISII on this 31st July 2026** **PROF (DR) NIXON SIFUNA** **JUDGE**