https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10475

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAKAMEGA** **SUCCESSION CAUSE NO. 86 OF 2015** **IN THE MATTER OF THE ESTATE OF JOSHUA KARANI SAKWA (DECEASED)** **SHEILA MUHAVI SAKWA………………………………….PETITIONER/APPLICANT** **VERSUS** **MAUREEN RACHEAL SAKWA…………………………..OBJECTOR/RESPONDENT** **RULING** 1. Before this Court is the Summons for Rectification of Grant dated 13th June 2025 brought by the Petitioner/Applicant, Sheila Muhavi Sakwa, pursuant to Rule 43(2) of the Probate and Administration Rules and all other enabling provisions of the law. 2. The Applicant seeks, inter alia, orders that: 3. The matter be certified urgent. 4. The Manager, Cooperative Bank of Kenya, Kakamega Branch and the Manager, Invest and Grow Sacco be compelled to furnish the Court with statements, account details and transaction records relating to the deceased. 5. Land Parcel No. BUTSOTSO/SHIKOTI/13843 be included among the assets forming part of the estate of the deceased. 6. The Certificate of Confirmation of Grant issued on 25th May 2023 be amended to incorporate the omitted asset and other undisclosed estate properties. 7. The application is supported by the affidavit of Sheila Muhavi Sakwa sworn on 13th June 2025. 8. The application is opposed by Maureen Racheal Sakwa, the Objector, through a Replying Affidavit sworn in opposition. **Background** 1. The deceased, Joshua Karani Sakwa, died leaving behind an estate that was the subject of these succession proceedings. A grant of representation was issued and subsequently confirmed by this Court on 25th May 2023. 2. The Applicant states that during the administration of the estate, it was discovered that the deceased was the registered proprietor of Land Parcel No. BUTSOTSO/SHIKOTI/13843, which asset was inadvertently omitted from the succession proceedings and the certificate of confirmation of grant. 3. The Applicant further states that the deceased maintained accounts with Cooperative Bank of Kenya and Invest and Grow Sacco and that the details and balances of those accounts are necessary for the proper and fair administration of the estate. 4. The Objector does not oppose inclusion of assets belonging to the deceased but contends that the Applicant failed to disclose other estate assets, including funds held in bank accounts, Sacco shares and alleged gratuity benefits amounting to Kshs. 876,362. She therefore seeks accountability and disclosure before the grant is amended. **Applicant’s Case** 1. The Applicant contends that the omission of Land Parcel No. BUTSOTSO/SHIKOTI/13843 was not deliberate but arose because the existence of the property was not brought to the attention of the Court at the time of confirmation of the grant. 2. She argues that for purposes of fair administration and distribution of the estate, the property should be included and the grant amended accordingly. 3. She further states that financial institutions have declined to release information relating to the deceased’s accounts without a court order, hence the need for directions compelling production of statements and transaction records. **Objector’s Response** 1. The Objector acknowledges that the deceased owned the additional parcel of land and that he had financial interests in Cooperative Bank and Invest and Grow Sacco. 2. However, she objects to amendment of the grant before full disclosure of all assets of the estate. She alleges that the Applicant failed to disclose: 3. monies held at Cooperative Bank; 4. shares and benefits held at Invest and Grow Sacco; 5. gratuity benefits allegedly amounting to Kshs. 876,362. 6. She contends that all assets should be disclosed and accounted for before the grant is rectified. **Issues for Determination** 1. The issues arising for determination are: 2. Whether the grant should be rectified to include Land Parcel No. BUTSOTSO/SHIKOTI/13843. 3. Whether the Court should order disclosure of bank and Sacco statements relating to the deceased. 4. Whether amendment should await consent of all beneficiaries 5. Whether the Applicant is entitled to the orders sought. **Analysis and Determination** 1. **Whether the grant should be rectified include Land Parcel No. BUTSOTSO/SHIKOTI/13843.** 2. Rule 43(2) of the Probate and Administration Rules empowers the Court to rectify a grant where the error relates to matters such as accidental omission or misdescription. 3. The purpose of rectification is to correct errors and ensure that the grant accurately reflects the circumstances of the estate. 4. In the Matter of the ***Estate of Gitau (Deceased) [2002] eKLR***, the Court observed that succession proceedings must ensure that all assets of a deceased person are identified and properly administered for the benefit of beneficiaries. 5. In the present matter, the Applicant has produced a certificate of official search demonstrating that Land Parcel No. BUTSOTSO/SHIKOTI/13843 was registered in the name of the deceased. 6. The Objector does not dispute ownership of the property. Her complaint is that other assets have not been disclosed. 7. The Court is satisfied that the omission of the parcel of land was an inadvertent omission and that its inclusion will enable the estate to be distributed fairly. 8. Accordingly, the grant ought to be rectified to include the said property. 9. **Whether the Court should order disclosure of bank and Sacco statements relating to the deceased.** 10. An administrator of an estate has a statutory duty to ascertain, collect and account for the assets of the deceased. 11. Section 83(e) of the Law of Succession Act requires personal representatives to produce to the Court a full and accurate account of administration of the estate whenever required. 12. The duty of disclosure is central to succession proceedings because beneficiaries are entitled to know the nature and extent of the estate before distribution. 13. The Court of Appeal in **Matheka & Another v Matheka [2005] 2 KLR 455** emphasized the duty of administrators to properly administer and account for estate property. 14. Further, In **re Estate of M’Mboroki M’Murithi (Deceased) [2019] eKLR**, the Court emphasized that administrators must act transparently and safeguard all assets forming part of an estate. 15. In this case, the Objector has raised specific allegations regarding undisclosed financial assets. The Applicant has not disputed that the deceased held accounts with the named institutions. 16. The request for statements is therefore reasonable and necessary to enable the Court and beneficiaries ascertain the true value of the estate. 17. The Court is not making a finding that the Applicant has misappropriated any funds. The order for disclosure is merely intended to facilitate transparency and accountability. 18. **Whether amendment should await consent of all beneficiaries** 19. The Objector argues that amendment should only proceed after consent is obtained. The Court does not agree. 20. Succession proceedings are governed by law and the Court has jurisdiction to make appropriate orders where necessary to ensure proper administration of an estate. 21. Section 47 of the Law of Succession Act grants this Court wide powers to entertain any application and make orders necessary for the ends of justice. 22. In **re Estate of G.K.K (Deceased) [2017] eKLR**, the Court emphasized the supervisory role of the probate court in ensuring proper administration of estates.The absence of consent does not deprive the Court of jurisdiction to issue appropriate directions. **Determination** 1. Having considered the application and the response thereto, the Court makes the following orders: 2. The Summons for Rectification of Grant dated 13th June 2025 is allowed. 3. The schedule of assets shall be rectified to include Land Parcel No. BUTSOTSO/SHIKOTI/13843 as part of the estate of the deceased. 4. The Manager, Cooperative Bank of Kenya, Kakamega Branch, shall within ninety (90) days furnish statements, account details and transaction records relating to accounts held by the deceased, Joshua Karani Sakwa. 5. The Manager, Invest and Grow Sacco, shall within ninety (90) days furnish statements, shareholding details, dividends and transaction records relating to the deceased. 6. The Applicant shall thereafter file a supplementary affidavit disclosing all assets and liabilities of the estate, including any funds received from employment benefits, gratuity or pension. 7. Upon receipt of the disclosures, the parties shall agree on a mode of distribution or appear before Court for further directions. 8. Each party shall bear his or her own costs. 9. Mention 3.12.2026 for further directions. 10. Right of Appeal 30 days explained. 11. It is so ordered. **DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 9TH DAY OF JULY, 2026.** **S.N MBUNGI** **JUDGE** **In the presence of:-** **CA:** Zildah/Velma Parties present.