https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8847

In re Estate of Kipkorir (Deceased) (Probate & Administration 68 of 2021) [2026] KEHC 8847 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8847 (KLR) Republic of Kenya In the High Court at Kapsabet Probate & Administration 68 of 2021 OA Sewe, J June 18, 2026 IN THE MATTER OF THE ESTATE OF CHEPKUTO KOBOT KIPKORIR (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION OF GRANT BY THE PETITIONERS Ruling 1.Before the Court for determination is the Summons dated 19th May 2026. It was filed the by the petitioners, namely, Fatuma Chemeli and Maimunah Moyai under Sections 74 of the Law of Succession Act, Cap 160 of the Laws of Kenya and Rule 43(1) of the Probate and Administration Rules for the following orders:(a)Spent(b)That the Court be pleased to rectify or amend the Certificate of Confirmation of Grant (Form P&A 54 issued on 26th April 2024 so as to reflect the correct shares as on the ground and include the property Nandi/Kamobo/4048 which was left out.(b)That the costs of the application be provided for. 2.The application was premised on the grounds that the Mode of Distribution of the estate as presented in the application for Confirmation of Grant was not subjected to a survey process; and that upon survey being conducted and the shares of the beneficiaries confirmed on the ground, it has become necessary for the respective shares to be adjusted to align the same with the surveyor’s report. It was further averred that the estate property known as Nandi/Kamobo/4048 was also inadvertently left out during confirmation and needs to be included for purposes of effectual distribution. 3.The application was supported by the affidavit of Maimuna Moyai sworn on 19th May 2026 to which she annexed copies of the Certificate of Confirmation and Certificate of Official Search in respect of land parcel number Nandi/Kamobo/4048. At paragraph d. of the said affidavit, the petitioners proposed certain amendments to the respective shares of the beneficiaries. The petitioners further deposed that none of the beneficiaries has any objection to the suggested amendments; including the inclusion of the Nandi/Kamobo/4048 for purposes of distribution. 4.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." 5.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." 6.I have given due consideration to the averments set out in the Supporting Affidavit and the documents annexed thereto. I am satisfied that the application is meritorious, save that the Certificate of Confirmation dated 26th April 2024 was cancelled and replaced with the Certificate of Confirmation issued on 5th January 2025. Indeed, the Court has powers under Rule 73 of the Probate and Administration Rules to make such orders as may be necessary for the ends of justice. 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 Certificate of Confirmation of Grant (Form P&A 54 issued on 5th January 2025 be and is hereby amended so as to reflect the correct shares of the beneficiaries as on the ground and include the property Nandi/Kamobo/4048 which was left out.(b)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 18TH DAY OF JUNE 2026………………………………….HON. OLGA SEWEJUDGE