In re Estate of Kipsanga Kilugu (Deceased) (Succession Cause 50 of 2015) [2026] KEHC 4657 (KLR) (13 April 2026) (Ruling)

In re Estate of Kipsanga Kilugu (Deceased) (Succession Cause 50 of 2015) [2026] KEHC 4657 (KLR) (13 April 2026) (Ruling)

The certificate of confirmation of grant issued on 16 July 2019 contains clerical errors in beneficiary names and schedule, which are apparent on the face of the record. The application meets the threshold for review and rectification under Section 74 of the Law of Succession Act and Order 45 of the Civil Procedure Rules. The Court exercises discretion to delete the names of Joseph Kimagut Sitienei and Wisdom Kibet and replace them with Julius Kipkurgat Sitienei and Alfred Kiptoo Keter, and adopts the amended schedule.

Citation
[2026] KEHC 4657 (KLR)
Parties
Petitioner/applicant: Sammy Kiplagat Sanga; Beneficiary (deleted): Joseph Kimagut Sitienei; Beneficiary (deleted): Wisdom Kibet; Beneficiary (added): Julius Kipkurgat Sitienei; Beneficiary (added): Alfred Kiptoo Keter; Beneficiary: Philip Sanga
Court
High Court
Jurisdiction
Kenya
Judgment Date
13 April 2026
Case Number
Succession Cause 50 of 2015
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Certificate of Confirmation of Grant
Outcome
application allowed
Legal Topics
Rectification of Grant, Review of Grant, Distribution of Estate, Confirmation of Grant
Source Language
English
Succession Law Probate Rectification of Grant Review of Grant Distribution of Estate Confirmation of Grant

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Sammy Kiplagat Sanga

Petitioner/applicant

Joseph Kimagut Sitienei

Beneficiary (deleted)

Wisdom Kibet

Beneficiary (deleted)

Julius Kipkurgat Sitienei

Beneficiary (added)

Alfred Kiptoo Keter

Beneficiary (added)

Philip Sanga

Beneficiary

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Certificate of Confirmation of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be rectified to correct beneficiary names and amend the schedule of distribution
  2. 2 Whether the application meets the threshold for rectification or review under the Law of Succession Act and Civil Procedure Rules

Ratio Decidendi

The certificate of confirmation of grant issued on 16 July 2019 contains clerical errors in beneficiary names and schedule, which are apparent on the face of the record. The application meets the threshold for review and rectification under Section 74 of the Law of Succession Act and Order 45 of the Civil Procedure Rules. The Court exercises discretion to delete the names of Joseph Kimagut Sitienei and Wisdom Kibet and replace them with Julius Kipkurgat Sitienei and Alfred Kiptoo Keter, and adopts the amended schedule.

Court Disposition

application allowed

Orders

  • Certificate of confirmation of grant issued to Sammy Kiplagat Sanga on 16 July 2019 is reviewed and rectified to delete Joseph Kimagut Sitienei and Wisdom Kibet and replace with Julius Kipkurgat Sitienei and Alfred Kiptoo Keter.
  • Amended schedule of distribution is adopted as per the application.