https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8856

In re Estate of Kitur (Deceased) (Probate & Administration E010 of 2021) [2026] KEHC 8856 (KLR) (16 June 2026) (Ruling) Neutral citation: [2026] KEHC 8856 (KLR) Republic of Kenya In the High Court at Kapsabet Probate & Administration E010 of 2021 OA Sewe, J June 16, 2026 IN THE MATTER OF THE ESTATE OF SIMON KIPTONUI KITUR (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION OF GRANT BY THE PETITIONERS Ruling 1.The petitioners, Dollyphyl Chepkwisich Tuindo and Stephanie Chebet Kitur, filed the Summons dated 24th February 2026 under Rules 43(1) and 73 of the Probate and Administration seeking the rectification of the Certificate of Confirmation of Grant of Letters of Administration Intestate issued to them in this matter on the 17th November 2023 be rectified in the following respects;(a)That the estate property known as Nandi/Kamobo/7441 be rectified to read Nandi/Kamobo/7341.(b)That the estate property known as Kericho/Chilchila/Fort Ternan Block 5 (Siret)/347 be rectified to read Kericho/Chilchillla/Fort Ternan Block 5 (Siret)/362. 2.The application was supported by the affidavit annexed thereto sworn by Mr. Kipkosgei Choge, Advocate in which he averred that Grant of Letters of Administration Intestate was issued to the petitioners by the Court on 27th October 2023; and that the said Grant was thereafter confirmed on 17th November 2023. Counsel further averred that it thereafter became apparent that the estate properties had been mis-described; hence the need for rectification in the manner proposed. 3.Section 74 of the Law of Succession Act, recognizes that:“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." 4.In the same vein, Rule 43(1) of the Probate and Administration Rules stipulates that:“Where the holder of a 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 or place of the death of the deceased... he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was issued." 5.I have given due consideration to the averments set out in the Supporting Affidavit and the documents annexed thereto. It is manifest that the estate property known as Nandi/Kamobo/7341 was erroneously described in the Certificate of Confirmation. In the primary documents filed herein, such as Form P&A.5 and the Certificate of Search dated 4th February 2021, it was correctly described as Nandi/Kamobo/7341. Similarly, the Title Deed annexed to the Supporting Affidavit, the property is indicated as land parcel No. Nandi/Kamobo/7341. I however find no supporting evidence in respect of the proposed change as per Prayer [b] of the application. 6.The Court has powers under Rule 73 of the Probate and Administration Rules to make such orders as may be necessary. It states:Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. 7.In the premises, the application is allowed in part and orders granted as follows:(a)That the estate property reflected in the Certificate of Confirmation as Nandi/Kamobo/7441 be rectified to read Nandi/Kamobo/7341.(b)That prayer [b] of the Summons dated 24th February 2026 be and is hereby declined as no justification was made for the proposed correction.(c)That the costs of the application be borne by the estate.It is so ordered. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 16TH DAY OF JUNE 2026…………………………..…………….HON. OLGA SEWEJUDGE