[2025] KEHC 5402 (KLR)
The court found that the request for rectification of the Certificate of Confirmation of Grant was properly made under Sections 99 and 100 of the Civil Procedure Code and Section 71(1) and (3) of the Law of Succession Act. The rectification was necessary to correct the record and ensure the grant accurately...
Source-derived case information.
- Citation
- [2025] KEHC 5402 (KLR)
- Parties
- Applicant: Edith Wanjiku Kagwe; Applicant: Joshua Stephen Muiru Kagwe
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E041 of 2021
- Procedural Posture
- Succession Cause / Rectification of Grant
- Outcome
- Rectification of Certificate of Confirmation of Grant granted.
- Judges
- DO Chepkwony
- Legal Topics
- Succession, Rectification of Grant, Probate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edith Wanjiku Kagwe
Applicant
Joshua Stephen Muiru Kagwe
Applicant
Procedural Posture
Succession Cause / Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified under the relevant statutory provisions.
- 2 Whether the rectification complies with the Law of Succession Act and Civil Procedure Code.
Ratio Decidendi
The court found that the request for rectification of the Certificate of Confirmation of Grant was properly made under Sections 99 and 100 of the Civil Procedure Code and Section 71(1) and (3) of the Law of Succession Act. The rectification was necessary to correct the record and ensure the grant accurately reflected the court's orders regarding the administration of the estate of the late Erastus Kagwi Nahashon. The court therefore ordered the rectification and issued the rectified Certificate of Confirmation of Grant to Edith Wanjiku Kagwe.
Court Disposition
Rectification of Certificate of Confirmation of Grant granted.
Orders
- The Certificate of Confirmation of Grant issued on 21st February, 2022 is rectified as per the request dated 19th February, 2025.
- The rectified Certificate of Confirmation of Grant is issued to Edith Wanjiku Kagwe.
Full Case Text
Judgment text and source record
12 paragraphs
In re Estate of Erastus Kagwi Nahashon (Deceased) (Succession Cause E041 of 2021) [2025] KEHC 5402 (KLR) (24 January 2025) (Ruling)
Neutral citation: [2025] KEHC 5402 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause E041 of 2021
DO Chepkwony, J
January 24, 2025
IN THE MATTER OF THE ESTATE OF THE LATE ERASTUS KAGWI NAHASHON – (DECEASED).
Ruling
1. Pursuant to the request in a letter dated 19th February, 2025 and addressed to the Deputy Registrar by M/S Wairegi Kiarie and Associates, this Court invokes the provision of Sections 99 and 100, both of the Civil Procedure Code and rewards the Rectified Certificate of Confirmation of Grant issued on 24th January, 2025 in the following terms:-
2. I hereby certify that the above written Grant of Probate of the Estate of the late Erastus Kagwi Nahashon issued to Edith Wanjiku Kagwe and Joshua StephenMuiru Kagwe therein named made on 21st February, 2022 has this 24th day of January, 2024 been rectified by the Court pursuant to the provision of Section 71(1) and (3) of the Law of Succession Act and issued to Edith Wanjiku Kage.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF JANUARY, 2025. D. O. CHEPKWONYJUDGE