https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7994
The court allowed rectification because all beneficiaries were present, had no objection, and had signed an amended mode of distribution; therefore the confirmed grant was to be rectified to reflect the exact acreages on the ground.
Source-derived case information.
- Citation
- [2026] KEHC 7994 (KLR)
- Parties
- 1st Petitioner: Fred Wanjala Masinde; 2nd Petitioner: Andrew Wanyonyi Mukhwana; 3rd Petitioner: Patrick Barasa Mukhwana
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 7 of 2000
- Procedural Posture
- Probate and Administration / Application for Rectification of Grant After Confirmation
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Rectification of Grant, Certificate of Confirmation of Grant, Distribution of Estate, Beneficiaries' Acreage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred Wanjala Masinde
1st Petitioner
Andrew Wanyonyi Mukhwana
2nd Petitioner
Patrick Barasa Mukhwana
3rd Petitioner
Procedural Posture
Probate and Administration / Application for Rectification of Grant After Confirmation
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to reflect the exact acreages on the ground
- 2 Whether the application for rectification should be allowed where all beneficiaries consent
Ratio Decidendi
The court allowed rectification because all beneficiaries were present, had no objection, and had signed an amended mode of distribution; therefore the confirmed grant was to be rectified to reflect the exact acreages on the ground.
Court Disposition
Application allowed
Orders
- The Certificate of Confirmation of Grant is rectified to capture the exact acreages as on the ground.
- A rectified Certificate of Confirmation of Grant shall issue.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of the Late Wandwale (Deceased) (Probate & Administration 7 of 2000) [2026] KEHC 7994 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7994 (KLR) Republic of Kenya In the High Court at Bungoma Probate & Administration 7 of 2000 E Ominde, J May 25, 2026 IN THE MATTER OF THE ESTATE OF THE LATE NDOLELE WANDWALE ............. DECEASED In the matter of Fred Wanjala Masinde 1st Petitioner Andrew Wanyonyi Mukhwana 2nd Petitioner Patrick Barasa Mukhwana 3rd Petitioner Ruling 1.Before this court is an undated Summons for Rectification of grant seeking the following orders;a.That the Certificate of Confirmation of grant issued to the Petitioners herein be rectified as follows;i.That the beneficiaries’ shares be rectified to capture the exact acreages as on the ground and a rectified Certificate of confirmation of grant be issued.b.That Costs be in the cause. 2.The application is premised on the grounds on the face of it and the facts deposed in Supporting Affidavit of Fred Wanjala Masinde, Andrew Wanyonyi Mukhwana and Patrick Barasa Mukhwana sworn on 5th March, 2026. Annexed to the Affidavit is an ammended mode of distribution signed by the beneficiaries, on the proposed mode of distribution. 3.All the beneficiaries are present in court and have no objection to the Application for Rectification. In this regard, the same is therefore allowed as prayed and this file is now hereby marked as closed. READ DATED AND SIGNED AT BUNGOMA ON 25TH DAY OF MAY, 2026E. OMINDEJUDGE