https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/265

**REEPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **SUCCESSION CAUSE NO. 424 OF 2016** **IN THE MATTER OF THE ESTATE OF RACHEL NASIKE MUKORO…………………………………………….…………DECEASED** **=AND=** **ARTHER KISIANG’ANI MUKORO…………………...PETITIONER** **RULING** The Petitioner who had already applied and obtained a certified copy of confirmation of grant dated 6/12/2026, subsequently applied for rectification of the said grant vide summons dated 21/8/2025. His intention was that: 1. His name be corrected from Arthur Kisiangani Mukoro to Paul Arthur Kisiangani Mukoro. 2. That deceased beneficiaries be substituted with their respective survivors and their allocations in deceased’s land parcel number Bokolo/Kituni/1212 be re-assigned. 3. A fresh rectified certificate of confirmation of grant incorporating the above amendments be issued. The summons was not opposed. All beneficiaries involved were notified and their formal consents filed except for Kennedy Masibo Mukoro who appeared in court in person and gave his orally. I have considered the summons for rectification of grant dated 21/8/2025 and the matters raised in support of the same. The issue here is: 1. Whether the route taken of rectification of grant is correct, in the circumstances disclosed in this application. 2. Whether rectification of grant should be made as prayed. In the considered view of the court, Section 74 of Law of Succession Act stipulates that rectification is limited to correction of names, descriptions or errors arising from accidental slips or omissions in grants. The Petitioner in this application has sought to do more than that. Besides correction of his name, he also seeks to substitute deceased beneficiaries with their respective survivors/heirs and re-assignment of their shares. This calls for revocation of grant under Section 76 (e) of the Law of Succession Act instead. It is clear that the certificate of confirmation hitherto made has become inoperative and incapable of enforcement/implementation due to subsequent circumstances which is that, some of the beneficiaries in the distribution schedule have since died. Therefore, there is need to substitute them with their rightful survivors/heirs and re-assign their shares accordingly. In conclusion, the court hereby invokes Section 76 (e) of the Law of Succession Act and disposes of the summons herein as follows: 1. Certificate of confirmation of Grant dated 6/12/2016 be and is hereby revoked. 2. A fresh certificate of confirmation of Grant to issue in the name of Paul Arthur Kisiangani Mukoro forthwith. 3. Distribution of deceased’s land. 4. Land parcel No. Bokoli/Kituni/317 be and hereby distributed pursuant to the mode set out in para. 4 of the further affidavit of the Petitioner as follows; 5. Martin Marani - 1 acre 6. Carolyne Naliaka Mabalu - 3 acres 7. Margaret Mkoro - 1 acre 8. Rebecca Mukoro - 1 acre 9. Simon Mukoro - 5 acres 10. Jonathan Mukoro Mutoro - 4 acres 11. Velma Mukhekhe Mukoro - 1 acre 12. Hope Simuli Mukoro - 1 acre 13. Paul Arthur Kisiangani Mukoro - 0.5 Acre 14. Bonface Wawire Nyongesa to share Euphemia Miroyo Emitungu jointly 6 acres 1. Friends Church - 0.5 acres b) The other land to be shares out is parcel No. Bokoli/Kituni/1212. This parcel be and is hereby distributed per paragraph 5 of the said Petitioner’s affidavit as follows; 1. Paul Arthur Kisiang’ani Mukoro. 2. Japheth Mutoro Mukoro 3. Kennedy Masibo Mukoro 4. Rose Mukoro Luta. To share jointly. 5. Beneficiaries of the estate Hellen Mukoro and Kathleen Andere. It is so ordered. **Hon. R. B. N. Maloba** **Senior Principal Magistrate** **7/7/2026.**