https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8465

In re Estate of Kuria (Deceased) (Succession Cause 73 ‘A' of 2013) [2026] KEHC 8465 (KLR) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 8465 (KLR) Republic of Kenya In the High Court at Murang'a Succession Cause 73 ‘A' of 2013 DO Chepkwony, J May 7, 2026 IN THE MATTER OF THE ESTATE OF NJOROGE KURIA ..................... DECEASED In the matter of Lucy Njoki Kamau Petitioner Ruling 1.This is a Ruling in respect of Summons for Rectification of Grant dated 27th January, 2026 in which the Administrator/Applicant, Lucy Njoki Kamau is seeking for orders that:a.That the rectified Certificate of Confirmation of Grant dated 5th June,2017 be rectified to include the name of Beatrice Wanjiru Mwangi as a beneficiary of Land Parcel Number LOC 2/Gacharage/741.b.That cost of this application be in the cause. 2.The application is premised on the grounds set out in the Affidavit in support thereof sworn by the Applicant/Administrator, Lucy Njoki Kamau on even date. 3.According to the Applicant, the name of Beatrice Wanjiru Mwangi was mistakenly and inadvertently omitted as a beneficiary of land parcel number LOC.2/Gacharage/741 alongside Lucy Njoki Kamau, Beatrice Wanjiru Njuguna and DOrcas Muringi Kuria. 4.The application is further supported by the consent dated 22nd April,2026 sworn by Beatrice Wanjiru Njuguna and Dorcas Muringi Kuria. Determination: 5.An application for rectification of Grant is governed by Section 74 of the Succession Act which deals with rectification of errors in a confirmed grant. It provides as follows:‘‘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.’’ 6.From this provision, it is clear that a court can rectify a grant if it was issued in error, or contains errors of fact, name or description. Basically, Section 74 limits rectification to clerical errors only which may include errors in names and description, time and place of the deceased’s death, purpose in a limited grant. 7.The procedure for rectification is set out under Rule 43 of the Probate and Administration Rules in the following manner:"(1)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 or, in the case of a limited grant, the purpose for which the grant was made, he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was issued.(2)Unless at the time of issue of the summons the registrar otherwise directs there shall be filed with the summons an affidavit in Form 13 by the applicant containing such information as is necessary to enable the court to deal with the matter.(3)The summons, together with the affidavit (if any), shall without delay be laid by the registrar before the court which may either grant the application without the attendance of any person or direct that it be set down for hearing on notice to the applicant and to such other persons (if any) as the court shall think fit.’’ 8.In this case, the Applicant has substituted that the Summons for Confirmation of Grant and its Supporting Affidavit filed contained the name of Beatrice Wanjiru Mwangi as a beneficiary of land parcel Number LOC 2/Gacharage/741 alongside herself, Beatrice Wanjiku Njuguna and Dorcas Muringi Kuria. The Applicant then stated that the name of Beatrice Wanjiru Mwangi was mistakenly and inadvertently omitted as beneficiary of the said parcel of land during the typing of the Rectified Certificate of Confirmation of grant dated 5th June, 2017. 9.This is confirmed by all the beneficiaries in the consent signed on 22nd April, 2026, wherein they have deponed that they are in agreement that the Rectified certificate of Confirmation of Grant as amended on 5th June,2017 be rectified to include the name of Beatrice Wanjiru Mwangi a beneficiary, such that Land Parcel No. LOC 2/Gacharage/741 be shared equally between Lucy Njoki Kamau, Beatrice Wanjiru Njuguna, Dorcas Muringi Kuria and Beatrice Wanjiru Mwangi. 10.I have carefully read through the record and confirm that the application herein is in respect of an amended Certificate of Confirmation of Grant dated 5th June,2017 to include the name of Beatrice Wanjiru Mwangi which was omitted so that it matches the Confirmation of Grant as ordered by the court on 5th June,2017. 11.A perusal of the Summons for Confirmation of Grant and affidavit in support dated 22nd April,2026 show the name of Beatrice Wanjiru Mwangi as listed as a beneficiary and to share the properties listed equally with other beneficiaries being: Lucy Njoki Kamau, Beatrice Wanjiru Njuguna, Dorcas Muringi Kuria and Beatrice Wanjiru Mwangi. 12.I have also looked at the amended Certificate of Confirmation of Grant dated 12th June,2017 and find that indeed the name of Beatrice Wanjiru Njuguna is missing from the property being LOC 2/Gacharage/741. 13.I also confirm that the said Beatrice has been identified by her ID Card Number xxxxxxx which is annexed to the affidavit in support of the summons dated 22nd April,2026. 14.There is no objection filed in opposition of the said prayer, therefore, the summons of rectification dated 22nd April,2026 is found meritable and thus allowed in the following terms:-a.The rectified Certificate of Grant dated 5th June,2017 be and is hereby re-rectified to include the name of Beatrice Wanjiru Mwangi as a beneficiary of land parcel Number LOC. 2/Gacharage/741.b.A fresh certificate of Confirmation of Grant be issued accordingly. RULING DATED, SIGNED AND DELIVERED this 7TH DAY OF MAY, 2026.HON. D. O. CHEPKWONYJUDGE