https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10572

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAIROBI** **SUCCESSION CAUSE NUMBER 1876 OF 2015** **IN THE MATTER OF THE ESTATE OF ESTATE OF JOEL NJUGUNA MBUGUA** **(DECEASED)** **SUMMONS OF REVIEW/AMENDMENT/RECTIFICATION OF CONFIRMATION OF GRANT** **ANTHONY NGANGA MBUGUA ………………….………………ADMINISTRATORS** **RULING** **Background Information** 1. Before this Court for determination is the Summons for Review/Amendment/Rectification of Confirmed Grant dated 11th February 2026 filed by Anthony Nganga Mbugua, one of the co-administrators of the estate of the deceased brought under Section 74 of the Law of Succession Act, Rules 43(1) and 73 of the Probate and Administration Rules, Order 45 of the Civil Procedure Rules, 2010, Article 159(2)(d) of the Constitution, and all other enabling provisions of the law. The Applicant seeks the following orders: 2. **That the confirmed grant issued on 8th November 2016 and subsequently rectified on 19th June 2017 be reviewed, amended and/or rectified.** 3. **That the Letters of Administration Intestate issued on 29th March 2023 be rectified by correcting the name of the co-administrator from "Antony Ng'ang'a Mbugua" to "Anthony Nganga Mbugua."** 4. **That the Deputy Registrar be authorized to execute all completion and transmission documents on behalf of the co-administrator, Joyce Mwihaki Chatwin, in the event that she fails or refuses to cooperate.** 5. **That the Land Registrar and all relevant registries be directed to dispense with the personal appearance and signature of the said co-administrator and accept documents executed pursuant to the Deputy Registrar's authority.** 6. **That the confirmed grant be rectified in accordance with the revised mode of distribution set out in paragraph 14 of the supporting affidavit, including substitution of deceased beneficiaries with their respective successors, correction of property descriptions, and redistribution of specified estate assets.** 7. **That the costs of the application be in the cause.** 8. The application is premised on the following grounds: 9. That the original grant of letters of administration was issued to Mary Njeri Njuguna on 9th November 2015 and confirmed on 8th November 2016. 10. That Mary Njeri Njuguna subsequently sought rectification of the confirmed grant after discovering that one of the estate properties had inadvertently been omitted but passed away on 8th March 2021 before completing administration of the estate, resulting in revocation of the grant. 11. That following the revocation, a fresh grant was issued to Lucy Muthoni Mbugua and Anthony Nganga Mbugua on 25th April, 2022, but Lucy Muthoni Mbugua also died on 30th August, 2022 before completion of the administration, necessitating a further revocation of the grant. 12. That a fresh grant of letters of administration was thereafter issued on 29th March 2023 to the current co-administrators, Joyce Mwihaki Chatwin and Anthony Nganga Mbugua. 13. That the confirmed grant requires review, amendment and rectification to remove the names of deceased beneficiaries from the mode of distribution and facilitate complete administration of the estate. 14. That the Applicant's name was erroneously captured in the grant as "Antony Ng'ang'a Mbugua" instead of "Anthony Nganga Mbugua" as reflected in his National Identity Card. 15. That certain estate properties were erroneously described as "Makuyu/Kimori" instead of "Makuyu/Kimorori." 16. That the errors are clerical in nature and were inadvertently repeated in an earlier application for rectification filed on 14th February 2025. 17. That the co-administrator, Joyce Mwihaki Chatwin, has declined to participate in the present application and has been uncooperative in facilitating completion and transmission of the estate. 18. That it is therefore just and expedient for the Deputy Registrar to be empowered to execute all necessary completion and transmission documents in the event of the co-administrator's continued default. 19. The application is supported by an affidavit sworn by the applicant on 11th February,2026. The Applicant deposes that the original grant of letters of administration was issued to Mary Njeri Njuguna on 9th November 2015 and confirmed on 8th November 2016. Subsequently, Mary Njeri Njuguna applied for rectification after discovering that one of the estate properties had inadvertently been omitted from the confirmed grant. However, she passed away on 8th March 2021 before completing the administration of the estate, necessitating revocation of the grant. 20. The Applicant further states that following the revocation, a fresh grant was issued on 25th April 2022 to Lucy Muthoni Mbugua and himself. Unfortunately, Lucy Muthoni Mbugua died on 30th August 2022 before completion of the administration, resulting in a further revocation of the grant. It is deponed that her entitlement devolves upon her only child, Douglas Ngatia Njoroge. 21. The Applicant avers that following the second revocation, a fresh grant of letters of administration intestate was issued on 29th March 2023 appointing the present co-administrators, namely Joyce Mwihaki Chatwin and Anthony Nganga Mbugua. 22. The Applicant contends that the confirmed grant requires review, amendment and rectification to remove the names of beneficiaries who have since died, substitute them with their lawful successors where appropriate, and align the grant with the present status of the administration so as to facilitate completion of the administration of the estate. 23. It is further deposed that the Applicant's name was erroneously entered in the grant as "Antony Ng'ang'a Mbugua" instead of "Anthony Nganga Mbugua", contrary to the particulars appearing in his National Identity Card. The Applicant also states that certain estate properties were incorrectly described as "Makuyu/Kimori" instead of "Makuyu/Kimorori." 24. The Applicant explains that although an earlier application for rectification had been filed, the same inadvertently repeated the clerical errors now complained of, thereby necessitating the present application. 25. The Applicant further deposes that the errors complained of are clerical in nature and are amenable to rectification under Section 74 of the Law of Succession Act. 26. Lastly, the Applicant avers that the co-administrator, Joyce Mwihaki Chatwin, has declined to participate in the present application and has failed to cooperate in executing documents necessary for completion of the administration and transmission of the estate. Consequently, the Applicant urges the Court to authorize the Deputy Registrar to execute the requisite documents on her behalf should she continue to default. 27. In support of the application, the Applicant annexed copies of the previous grants of letters of administration, certificates of confirmation and rectification of grant, the death certificate of Lucy Muthoni Mbugua, the Applicant's National Identity Card, the previous application for rectification, and an affidavit of service demonstrating attempts to secure the participation of the co-administrator. These annexures are marked ANM1 to ANM9 respectively. 28. From the court record an affidavit of service demonstrates that the co-administrator Joyce Mwihaki Chatwin was served with the application and she has not attended court nor has she opposed the summons by way of affidavit of protest as provided by law. **Issues of Determination** 1. Having considered the application, the supporting affidavit and the court record, the issues for determination are: 2. **Whether the errors complained of are amenable to rectification under Section 74 of the Law of Succession Act.** 3. **Whether this Court should authorize the Deputy Registrar to execute completion and transmission documents on behalf of the defaulting co-administrator**. **Analysis and Determination** 1. On the first issue, Section 74 of the Law of Succession Act provides: "**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."** 1. The purpose of Section 74 is to enable the Court to correct clerical mistakes and errors such as names or descriptions appearing in a grant. The provision is not intended to reopen substantive questions that have already been determined but to ensure that the grant accurately reflects the true position. 2. The Court has also recognized that where circumstances change after confirmation of the grant, particularly where beneficiaries or administrators die before transmission is completed, the Court may invoke its jurisdiction under section 74 of the Law of Succession Act together with Rule 73 of the Probate and Administration Rules to make appropriate orders necessary for the proper administration of the estate. 3. From the material placed before the Court, I am satisfied that the Applicant has demonstrated that his name was erroneously captured in the grant as "Antony Ng'ang'a Mbugua" instead of **"Anthony Nganga Mbugua"** as reflected in his National Identity Card. Similarly, the descriptions of certain parcels of land were incorrectly indicated as "Makuyu/Kimori" instead of **"Makuyu/Kimorori."** These are plainly clerical and descriptive errors falling within the scope of Section 74 of the Law of Succession Act. 4. The evidence further shows that following the confirmation of the grant, some beneficiaries and administrators passed away before completion of the administration. Their continued inclusion in the confirmed grant has hindered implementation of the grant. The proposed substitutions are intended to reflect the present status of the beneficiaries entitled to inherit through the estates of the deceased beneficiaries and thereby facilitate completion of the administration. No beneficiary has come forward to oppose the proposed amendments. 5. On the second issue. The duty of personal representatives is clearly set out under Section 83 of the Law of Succession Act which places a statutory obligation upon personal representatives to complete the administration of the estate by distributing the net estate to the beneficiaries in accordance with the confirmed grant. Once the expenses of administration and liabilities of the estate have been settled, administrators are required to transfer the remaining assets to the beneficiaries according to their respective beneficial interests. This duty is mandatory and forms one of the core obligations imposed upon administrators in the discharge of their fiduciary responsibilities. 6. The duty to distribute the estate in accordance with a confirmed grant is not discretionary. A confirmed grant vests the administrators with the legal authority and corresponding obligation to give effect to the mode of distribution sanctioned by the Court. An administrator who fails, neglects or refuses to implement the confirmed grant without lawful justification is in breach of the statutory duties imposed under section 83(f) of the Law of Succession Act and the fiduciary obligations owed to the beneficiaries. The Court is therefore empowered to issue appropriate orders to ensure that the estate is distributed in accordance with the confirmed grant. 7. This court notes that the Administration of this estate has remained incomplete for several years owing to successive deaths of administrators and the failure to complete transmission of the estate assets. 8. The affidavit of service on record demonstrates that the co-administrator, Joyce Mwihaki Chatwin, has been served with the present application but has chosen neither to respond nor participate in these proceedings. No explanation has been offered for her failure to cooperate in executing the documents necessary to complete administration of the estate. 9. **Section 47 of the Law of Succession Act** grants this Court jurisdiction to determine all disputes arising under the Act and to make such orders as may be expedient. **Rule 73 of the Probate and Administration Rules** preserves the inherent powers 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. 10. The above relevant provisions provides as follows; Section 47 of the Law of Succession Act provides that: **“The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient’’** 11. Further under Rule 73 of the Probate and Administration Rules provides that**: “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."** 12. Relying on the above provisions of law. This court notes that this succession cause has been pending for years. The estate has remained unadministered largely because previous administrators passed away before completing the process, and the present co-administrator has failed to cooperate. It would be contrary to the overriding objective of the administration of justice to permit one administrator to frustrate the implementation of a confirmed grant without any lawful justification. 13. I am therefore satisfied that the Applicant has established sufficient grounds for this court to authorize the Deputy Registrar to execute the completion and transmission documents in the event of the continued default of the co-administrator. This will not prejudice any beneficiary but will facilitate the lawful implementation of the confirmed grant and bring these proceedings to a close. **Disposition** 1. Consequently, the Summons for Review/Amendment/Rectification of Confirmed Grant dated 11th February 2026 is hereby allowed in the following terms: 2. The confirmed grant issued on 8th November 2016 and rectified on 19th June 2017 is hereby reviewed, amended and rectified in accordance with the revised mode of distribution contained in paragraph 13 of the supporting affidavit sworn on 11th February 2026. That is to say: | | | | | --- | --- | --- | | NAME | DESCRIPTION OF PROPERTY | SHARE OF HEIRS | | JOYCE MWIHAKI CHATWIN GEORGE MBUGUA NJUGUNA ANTHONY NGANGA MBUGUA DOUGLAS NGATIA NJOROGE | 1 . L.R NO.6727/43 1. I.R NO.41816 2. L.R NO. 6727/31 3. I.R NO.35567 4. DAGOREITl/RlRUTA/S.171 | EQUAL SHARES | | JOYCE MVVIHAKI CHATWIN GEORGE MBUGUA NJUGUNA ANTHONY NGANGA MBUGUA DOUGLAS NGATIA NJOROGE | 1. ISINYA PLOTS NUMBER 1791 AND 1792 1. SHARES IN NDIRIKANIA CO. LTD CERTIFICATE NO.0109 1. 20 SHARES IN SUSTAINABLE ENERGY SYSTEMS LIMITED 1. SHARES IN KAAGA FARMERS 875 2. SHARES IN KAWACHE KAWANGWARE SELF-HELP GROUP 1. SHARES IN PARADISE DARTS WELFARE GROUP 1. SHARES IN KAAGA FARMERS 1714 2. 1/3 SHARES OF PROCEEDS OF 2109 (Orig. No. M20/2) 1. MALINDI, TITLE NO, LT.36 FOLIO 63 FILE 4507 1. ALL SHARES IN CDSC ACCOUNT NO. 0000001245996 | EQUAL SHARES   | | DOUGLAS NGATIA NJOROGE | 16. MAKUYU/KIMORORI 111/3799 PLOT NO. 196 | ABSOLUTELY | | JOYCE MWIHAKI CHATWIN | 17. MAKUYU/KIMORORUBLOCK 1 11/3297 | ABSOLUTELY | | GEORGE MBUGUA NJUGUNA | 18. MAKUYU/KIMORORVBLOCK 111/110 | ABSOLUTELY | | ANTHONY NGANGA MBUGUA | 19. SHARES IN KAAGA FARMERS-S408 | ABSOLUTELY | 1. The Letters of Administration Intestate issued on 29th March 2023 are hereby rectified by correcting the name of the co-administrator from "Antony Ng'ang'a Mbugua" to "Anthony Nganga Mbugua." 2. The descriptions of the affected estate properties are hereby corrected by substituting "Makuyu/Kimori" with "Makuyu/Kimorori" wherever the error appears in the grant and the certificate of confirmation. 3. The names of the deceased beneficiaries shall be substituted with their respective lawful successors in accordance with the revised mode of distribution set out in paragraph 13 of the supporting affidavit. 4. Joyce Mwihaki Chatwin shall execute all documents necessary to facilitate transmission of the estate within thirty (30) days from the date hereof. 5. In default of compliance within the said period, the Deputy Registrar of this Court is hereby authorized to execute all completion, transmission and ancillary documents on behalf of Joyce Mwihaki Chatwin, and the Land Registrar together with all relevant registries shall accept such documents for purposes of registration without requiring her personal attendance or signature. 6. There shall be no order as to costs. It is so ordered. **DATED at NAIROBI THIS 14TH DAY OF JULY, 2026** **……………………………** **L. GITARI** **JUDGE OF THE HIGH COURT OF KENYA, NAIROBI**