[2025] KEHC 9085 (KLR)
The court held that while rectification of the certificate of confirmed grant is allowed, the distribution of shares to persons who are not beneficiaries (strangers) to the estate is not permissible. The 3.1 acres and 25 acres in question shall be registered in the names of the three administrators, and any transfer...
Source-derived case information.
- Citation
- [2025] KEHC 9085 (KLR)
- Parties
- Applicant: Peter Tumbo Lavu; Applicant: Mutua Tumbo; Applicant: Alexander Mutunga Wathome
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 80 of 2011
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Certificate of Confirmed Grant
- Outcome
- Application for rectification of grant partly allowed and partly rejected.
- Judges
- EN Maina
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Tumbo Lavu
Applicant
Mutua Tumbo
Applicant
Alexander Mutunga Wathome
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Certificate of Confirmed Grant
Legal Issues
- 1 Whether the certificate of confirmed grant should be rectified to alter the distribution of Athi River Block 8/16.
- 2 Whether shares of the estate can be distributed to persons who are not beneficiaries (strangers) to the estate.
Ratio Decidendi
The court held that while rectification of the certificate of confirmed grant is allowed, the distribution of shares to persons who are not beneficiaries (strangers) to the estate is not permissible. The 3.1 acres and 25 acres in question shall be registered in the names of the three administrators, and any transfer to the two non-beneficiaries must be by the usual manner of transfer and not through transmission. The rectified certificate of confirmed grant shall issue in accordance with this ruling, but not as proposed by the administrators. The application for rectification succeeds only to the extent that it aligns with the law of succession and the interests of the beneficiaries, and...
Court Disposition
Application for rectification of grant partly allowed and partly rejected.
Orders
- Rectified certificate of confirmed grant to issue in accordance with the ruling, not as proposed by administrators.
- 3.1 acres and 25 acres to be registered in the names of the three administrators of the estate.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of the Late Tumbo Lavu (Deceased) (Succession Cause 80 of 2011) [2025] KEHC 9085 (KLR) (26 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9085 (KLR)
Republic of Kenya
In the High Court at Machakos
Succession Cause 80 of 2011
EN Maina, J
June 26, 2025
IN THE MATTER OF THE ESTATE OF THE LATE TUMBO LAVU (DECEASED)
In the matter of
Peter Tumbo Lavu
1st Petitioner
Mutua Tumbo
2nd Petitioner
Alexander Mutunga Wathome
3rd Petitioner
Ruling
1. I have considered the Summons for rectification of the certificate of confirmed grant, dated 11th May 2025. The same is granted save that the 3. 1 acres purportedly given to Elizabeth Wangari Gathua and the 25 acres given to Jackson Mbithi Kimeu out of Athi River Block 8/16 shall instead be registered in the names of the three Administrators of the estate and the beneficiaries of the estate shall consent to the same being transferred to the two strangers by the Administrators in the usual manner of transfer but not through transmission, or the same be distributed to the three houses of the deceased as has been done with the rest of Athi River/Athi River Block 8/16.
2. The application succeeds to that extent only but is rejected in regard to distribution of shares to strangers to the estate.
3. A rectified certificate of confirmed grant shall issue in accordance with this ruling but not in the manner proposed by the administrators.Orders accordingly.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 26THDAY OF JUNE, 2025. E. N. MAINAJUDGEIn the presence of:Mr. Muema for Mr. Mutava Advocate for the ApplicantNo appearance for the RespondentsGeoffrey - Court Assistant