In re Estate of Ongaro (Deceased) (Probate & Administration E015 of 2024) [2026] KEHC 13287 (KLR) (21 July 2026) (Ruling)

1. Top of Form  **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCFP&A E015 OF 2024** **IN THE MATTER OF THE ESTATE OF JAMES OMARIBA ONGARO (DECEASED)** **BY** **TABITHA GESARE OMARIBA**........................................**1ST APPLICANT** **JOYCE MORAA OMARIBA**.............................................**2ND APPLICANT** **RULING** 1. By a Notice of Motion dated 20th July 2026, the Applicants seek an order that the Certificate of Confirmation of Grant issued on 24th September 2025 be rectified by removing the name of Duke Cornelius Mogaka Omariba, who has since died, and that a fresh Certificate of Confirmation of Grant be issued in the names of the surviving administrators. The application is supported by the affidavit of the 1st Applicant and a copy of the death certificate of the deceased administrator. 2. I have considered the application and the material placed before the Court. Section 81 of the Law of Succession Act provides that where one of several administrators dies, all the powers and duties of administration vest in the surviving administrator or administrators. The law does not envisage the substitution of a deceased administrator. The surviving administrators are therefore entitled to continue administering the estate without the appointment of a replacement. 3. The Court is empowered under section 74 of the Law of Succession Act, read together with Rule 43 of the Probate and Administration Rules, to rectify a grant where such rectification is necessary. In the present case, the Applicants do not seek to vary the mode of distribution contained in the confirmed grant. They merely seek to remove the name of a deceased administrator so that the Certificate of Confirmation of Grant reflects the current legal position. 4. The application is merited and is accordingly allowed in the following terms: 5. **The Certificate of Confirmation of Grant issued on 24th September 2025 is hereby rectified by deleting the name of Duke Cornelius Mogaka Omariba as an administrator.** 6. **A fresh Certificate of Confirmation of Grant shall issue reflecting Tabitha Gesare Omariba and Joyce Moraa Omariba as the surviving administrators of the estate.** 7. **The mode of distribution contained in the Certificate of Confirmation of Grant shall remain unchanged.** 8. Bottom of Form **DELIVERED AT NYAMIRA THIS 21st DAY OF July 2026**  **WAMAE.T. W. CHERERE** **JUDGE**