In re Estate of Githuku (Deceased) (Succession Cause 245 of 2016) [2026] KEHC 4974 (KLR) (17 April 2026) (Ruling)
The application for rectification is allowed as it is consented to and uncontested, and the grant is rectified to include additional beneficiaries and amend the schedule of distribution.
Source-derived case information.
- Citation
- [2026] KEHC 4974 (KLR)
- Parties
- Applicant: Miriam Wanini Mbugua; Respondent: Estate of Mbugua Githuku
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 245 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Distribution of Estate, Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Wanini Mbugua
Applicant
Estate of Mbugua Githuku
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant should be rectified to include additional beneficiaries and amend the schedule of distribution
Ratio Decidendi
The application for rectification is allowed as it is consented to and uncontested, and the grant is rectified to include additional beneficiaries and amend the schedule of distribution.
Court Disposition
application allowed
Orders
- Grant confirmed on 23rd March 2018 is rectified to insert additional beneficiaries and amend schedule of distribution.
- Administrator to conclude distribution within 6 months.
Full Case Text
Judgment text and source record
1 paragraphs
Ruling in the estate of Mbugua Githuku P&A 245 of 2016 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU SUCCESSION CAUSE NO. 245 OF 2016 IN THE MATTER OF THE ESTATE OF MBUGUA GITHUKU (DECEASED) RULING 1. Before me is a summons for rectification of grant filed pursuant to Rule 43 (1) of the Probate and Administration Rule, the same was argued and heard on the 5th March 2026 and the court reserved its ruling to consider the filed pleadings from the CTS. 2. Having considered the filed pleadings, the sworn affidavit of Miriam Wanini Mbugua and submissions by counsel, noting that the same is consented to and is without contest, I am inclined to allow the application. 3. The Grant made and confirmed on the 23rd March 2018 is hereby rectified to further insert beneficiaries on the schedule of distribution on the following terms; SCHEDULE Description of Property Name Shares Grace Waithira Mwangi 0.146 HA Miriam Wanini Mbugua 0.303 HA Page 1 of 3 Ruling in the estate of Mbugua Githuku P&A 245 of 2016 NYANDARUANDARAGWA/KIANJOGU BLOCK 1/357 Samuel Githuku Mbugua 0.146 HA Ann Wangari Kanyingi 0.146 HA John Macharia Mbugua 0.146 HA Hannah Wanjiku Mbugua 0.146 HA John Thuo Mbugua 0.146 HA Miriam Wanini Mbugua 0.146 HA Loise Wanja Nyambura John Mwangi Nyambura (Loise Wanja Nyambura John Mwangi Nyambura 0.303 HA Miriam Wanini Mbugua To Hold in Trust For Joseph Mbugua Nyambura A Minor) Joseph Chege Ngugi Samuel Githuku Mbugua Mary Wairimu Kibuchi Lucy Gathigia Mithamo 0.303 HA 0:202. HA 0:202. HA i. The Administrator is ordered to forthwith conclude the distribution within the next 6month from today. ii. This court shall assign a mention date after six (6) months to confirm execution of the transmission forms, distribution settlement of the estate and mark the probate as closed. iii. Costs shall be in the cause. It is so ordered. Signed, Dated and delivered on this 17th day of April 2026 _______________________ Mohochi S.M Page 2 of 3 Ruling in the estate of Mbugua Githuku P&A 245 of 2016 JUDGE Page 3 of 3