https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8898
The court found an express error apparent on the record in the ruling of 5th October 2025 because it referred to a non-existent application dated 29th May 2025 instead of the actual application dated 28th May 2025, and it therefore reviewed the ruling to correct that error.
Source-derived case information.
- Citation
- [2026] KEHC 8898 (KLR)
- Parties
- Succession Cause: In the Matter of the Estate of Dickson Kihika Kimani alias Kihika Kimani (Deceased)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 158 of 2005
- Procedural Posture
- Succession Cause; Review Ruling / Review of Prior Ruling for Correction of Clerical/error Apparent on the Record
- Outcome
- Ruling reviewed and corrected
- Judges
- ["SM Mohochi"]
- Legal Topics
- Review of Orders, Error Apparent on the Face of the Record, Correction of Clerical Error, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
In the Matter of the Estate of Dickson Kihika Kimani alias Kihika Kimani (Deceased)
Succession Cause
Procedural Posture
Succession Cause; Review Ruling / Review of Prior Ruling for Correction of Clerical/error Apparent on the Record
Legal Issues
- 1 Whether the court should review its ruling dated 5th October 2025 to correct an error apparent on the record
- 2 Whether the application allowed was dated 28th May 2025 rather than 29th May 2025
Ratio Decidendi
The court found an express error apparent on the record in the ruling of 5th October 2025 because it referred to a non-existent application dated 29th May 2025 instead of the actual application dated 28th May 2025, and it therefore reviewed the ruling to correct that error.
Court Disposition
Ruling reviewed and corrected
Orders
- The ruling dated 5th October 2025 is reviewed to reflect that the application allowed was the application dated 28th May 2025, not 29th May 2025.
- It is so ordered.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAKURU** **SUCCESSION CAUSE NUMBER 158 OF 2005** **IN THE MATTER OF THE ESTATE OF DICKSON KIHIKA KIMANI ALIAS KIHIKA KIMANI (DECEASED)** **REVIEWED RULING** 1. The Ruling is occasioned upon discovery of an express error apparent on records in the proceedings dated 5th October 2025 where this Court disallowed an Application dated 21st May 2025 and allowed an application dated 29th May 2025. 2. It was erroneous to the extend that no Application dated 29th May 2025 exists and that the Application allowed was the Application dated 28th May 2025. 3. This Court accordingly reviews the same to reflect the correct Application allowed to be the **Application dated 28th May 2025** It is so Ordered. **Signed, Dated and Delivered at Busia** **For transmission to the Parties** **on this 23rd Day of June 2026.** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **Mohochi S. M.** **JUDGE**