https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8855

https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8855

The court found the application meritorious because the supporting affidavit and annexed documents disclosed a correctable error affecting implementation of the confirmed grant, and the court had statutory and inherent power to rectify the grant in the interests of justice. No prejudice to beneficiaries was shown.

Source-derived case information.

Citation
[2026] KEHC 8855 (KLR)
Parties
Petitioner: Samuel Kipkalum Bore; Estate: Kipsambu Arap Ngaingaleim (Deceased)
Court
High Court
Jurisdiction
Kenya
Case Number
Probate & Administration E013 of 2024
Procedural Posture
Probate and Administration Cause / Ruling on Summons for Rectification of Grant
Outcome
Application allowed
Judges
["OA Sewe"]
Legal Topics
Rectification of Grant, Confirmation of Grant, Error Apparent on the Face of Grant, Inheritance Distribution
Source Language
en
Succession Law Probate Practice Rectification of Grant Confirmation of Grant Error Apparent on the Face of Grant Inheritance Distribution

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Parties

Samuel Kipkalum Bore

Petitioner

Kipsambu Arap Ngaingaleim (Deceased)

Estate

Procedural Posture

Probate and Administration Cause / Ruling on Summons for Rectification of Grant

  1. 1 Whether the certificate of confirmation of grant could be rectified under section 74 of the Law of Succession Act.
  2. 2 Whether Rule 43(1) of the Probate and Administration Rules and Rule 73 empowered the court to amend the grant to reflect corrected acreage and shares.
  3. 3 Whether the proposed amendment would prejudice any beneficiary.

Ratio Decidendi

The court found the application meritorious because the supporting affidavit and annexed documents disclosed a correctable error affecting implementation of the confirmed grant, and the court had statutory and inherent power to rectify the grant in the interests of justice. No prejudice to beneficiaries was shown.

Court Disposition

Application allowed

Orders

  • The Certificate of Confirmation of Grant issued on 27 May 2025 was rectified in the manner proposed in paragraph 7 of the petitioner’s supporting affidavit sworn on 30 October 2025 and issued forthwith to the petitioner.
  • The costs of the application were borne by the estate.