https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6509

In re Estate of Koimburi Ndonye alias Paul (Deceased) (Succession Cause 19 of 2018) [2026] KEHC 6509 (KLR) (15 May 2026) (Ruling) Neutral citation: [2026] KEHC 6509 (KLR) Republic of Kenya In the High Court at Kiambu Succession Cause 19 of 2018 A Mshila, J May 15, 2026 N THE MATTER OF THE ESTATE OF KOIMBURI NDONYE ALIAS PAUL KOIMBURI NDONYE ALIAS KOIMBORI NDONYE ALIAS PAUL KOIMBURI (DECEASED) Ruling Background 1.Peter Ndonye Koimburi and Simon Gachui Koimburi the Administrators of the deceased’s estate herein who died on 5/01/2012, filed Summons for Review and Further Rectification of Grant dated 6th February, 2026 brought under Section 47 & 74 of the Law of Succession Act and Rule 43, 63 & 73 of the Probate and Administration Rules, Order 45 of the Civil Procedure Rules and all other enabling provisions of the law. The Administrators sought for orders;-a.Spentb.Spentc.That the name of the deceased beneficiary namely David Kahura Koimburi be hereby substituted with the estate’s legal representative Anne Njoki Gichohi.d.That the name of the deceased beneficiary namely Benjamin Ndonye Koimburi be hereby substituted with the estate’s legal representative Lucy Wangari Ndonye.e.That the whole of the property currently described as Muguga Investment Scheme Share Certificate No. 8 (Nakuru Mutaita 10 Acres) hereby rectified to read Nakuru Municipality LR. 10242/8 (Nakuru Mutaita Ten (10) Acres) be hereby vested jointly in the beneficiaries as tenants in common namely, Lucy Wangari Ndonye, Stephen Ngigi Koimburi, Simon Gachui Koimburi, Daniel Mburu Koimburi and Anne Njoki Gichohi solely for the purpose and benefit of the aforementioned beneficiaries.f.That the further rectified Certificate of Confirmation of grant be amended accordingly to reflect the rectification, substitution and vesting orders herein. 2.In their affidavit in support of the Summons for Review and Further Rectification of Grant, the Administrators stated that there exists an error in the description of the property known as Nakuru Municipality LR. 10242/8 (Nakuru Mutaita Ten (10) Acres) as the same was erroneously described in the schedule of assets as Muguga Investment Scheme Share Certificate No. 8 (Nakuru Mutaita Ten (10) Acres. It was stated that the property cannot be transmitted due to the error and that the beneficiaries entitled to the said property remained the same as provided in the confirmed grant. Further, the administrators stated that David Kahura Koimburi and Benjamin Ndonye Koimburi are deceased necessitating substitution of their names to their beneficiaries being Anne Njoki Gichohi and Lucy Wangari Ndonye respectively. Lastly, that the property known as Nakuru Municipality LR. 10242/8 (Nakuru Mutaita Ten (10) Acres) be jointly owned by the five beneficiaries already assigned to it to hold as tenants in common instead of subdividing the land among themselves. 3.Death certificates for the deceased beneficiaries being David Kahura Koimburi and Benjamin Ndonye Koimburi were annexed in the supplementary affidavit in support of the summons. 4.The administrators filed their further affidavit in support of the summons dated 25/2/2026. They attached the Certificate of Confirmation of grant and the family consent in respect of the estate of David Kahura Koimburi to support substitution to the widow Anne Njoki Gichohi. They also annexed a copy of the Certificate of Confirmation of Grant in respect of the estate of Benjamin Ndonye Koimburi to support substitution to the widow Lucy Wangari Ndonye. A copy of the duly executed consent by the five beneficiaries entitled to the property known as Nakuru Municipality LR. 10242/8 (Nakuru Mutaita Ten (10) Acres) was also annexed to show that the said beneficiaries agreed to own the property as tenants in common for ease of administration and intended sale. Lastly, the administrators annexed the duly executed consent signed by all the beneficiaries consenting to the rectification, substitution and proposed mode of distribution. Issues for Determination 5.Upon reading the application and supporting affidavit the only issue framed for determination is whether the application for review and rectification is merited. Analysis 6.The applicable law is found at Section 74 of the Law of Succession Act and Rule 43(1) and 63 of the Probate and Administration Rules ; Section 74 of the Act and Rule 63 of the Probate and Administration Rules allow a party who has discovered new and important matter(s) or evidence after the orders were made to apply for review to the court that issued the orders; Rule 43(1) of the Probate and Administration Rules allows for the correction of errors provided that it does not affect the substance of the Grant; 7.Upon reading the application and hearing the submissions of counsel appearing for the Applicants, this court is satisfied that the prayers sought for review and rectification of the afore-going Order are as envisaged under the aforesaid provisions of Law; the application is properly supported by copies of the Death Certificate, the families Consents to the substitution, Further Rectified Certificate of Confirmation of Grant and the Grant of Letters of Administration; 8.For those reasons this court finds that this is a proper case for granting of the order for review and rectification of the Further Rectified Certificate of Confirmation of Grant issued on 26/02/2025; the application is therefore found to be meritorious and is hereby allowed. 9.The Further Rectified Certificate of Confirmation of Grant issued on 26/02/2025 is hereby reviewed and rectified as follows;i.The name of the deceased beneficiary namely David Kahura Koimburi be and is hereby reviewed and substituted with the estate’s legal representative Anne Njoki Gichohi.ii.The name of the deceased beneficiary namely Benjamin Ndonye Koimburi be and is hereby reviewed and substituted with the estate’s legal representative Lucy Wangari Ndonye.iii.The whole of the property described as Muguga Investment Scheme Share Certificate No. 8 (Nakuru Mutaita 10 Acres) be and is hereby rectified to read Nakuru Municipality LR. 10242/8 (Nakuru Mutaita Ten (10) Acres)iv.Nakuru Municipality LR. 10242/8 (Nakuru Mutaita Ten (10) Acres) be and is hereby vested jointly in the beneficiaries as tenants in common namely, Lucy Wangari Ndonye, Stephen Ngigi Koimburi, Simon Gachui Koimburi, Daniel Mburu Koimburi and Anne Njoki Gichohi absolutely.v.The Further Rectified Certificate of Confirmation of Grant issued on 26/02/2025 be rectified accordingly.vi.There shall be no order as to costs.Orders Accordingly. DATED, SIGNED and DELIVERED ELECTRONICALLY AT VOI THIS 15TH DAY OF MAY, 2026.A. MSHILAJUDGEIn the presence of;Sanja/Millicent – Court AssistantsKoimburi - For the Applicants