A. INTRODUCTION
1. This ruling relates to the Petitioners’ application seeking rectification and/or amendment of the schedule of distribution in respect of the estate of the deceased.
2. The application is premised on Sections 47, 74 and 83 of the Law of Succession Act and Rules 43 and 73 of the Probate and Administration Rules.
3. The application is supported by the affidavit of Cleophas Obare Nyambane and is grounded on the fact that:
o There were errors in the names of one of the beneficiaries;
o There was need to adjust the acreage and distribution of the estate; and
o All the beneficiaries have agreed on the proposed mode of distribution.
4. The Court has perused the application, the supporting affidavit and the annexures thereto including the proposed amended schedule of distribution signed by all beneficiaries.
B. ISSUES FOR DETERMINATION
5. The sole issue for determination is:
Whether the Court should allow the rectification and amendment of the confirmed grant in light of the consent by all beneficiaries.
C. ANALYSIS
6. The law governing rectification of grants is Section 74 of the Law of Succession Act, which provides that errors in names, descriptions or in setting out the time and place of death, or the purpose of a limited grant, may be rectified by the Court.
7. Additionally, Rule 43 of the Probate and Administration Rules empowers the Court to rectify errors in grants upon application.
8. However, where the rectification sought goes beyond mere clerical errors and touches on redistribution of the estate, the Court exercises its jurisdiction under Section 47 of the Act and Rule 73, which grant inherent powers to make such orders as may be necessary for the ends of justice.
9. In the present case, the applicants seek not only correction of a name but also adjustment of shares and acreage of the estate property. This would ordinarily require caution by the Court.
10. Nevertheless, a critical factor in this matter is that all the beneficiaries have expressly consented to the proposed redistribution, as evidenced by the signed amended schedule annexed to the application.
11. The Court has examined the said consent and notes that:
• All beneficiaries have appended their signatures;
• The proposed distribution clearly sets out each beneficiary’s share; and
• There is no indication of coercion, fraud or dispute.
12. The law is settled that where all beneficiaries are in agreement, the Court will ordinarily adopt the agreed mode of distribution unless it is illegal or unjust.
13. In Re Estate of M’Ngarithi M’Miriti (Deceased) [2017] eKLR, the Court held that:
“Where all beneficiaries have consented to the mode of distribution, the court has no reason to interfere unless the same is contrary to the law.”
14. Similarly, in In re Estate of Ngari (Deceased) [2018] eKLR, the Court observed that:
“The role of the court in confirmation of grants is facilitative where beneficiaries are in agreement.”
15. Further, Article 159(2)(c) of the Constitution enjoins this Court to promote alternative dispute resolution, including consensual settlement of disputes among parties.
16. The agreement by all beneficiaries in this case is therefore a strong basis upon which the Court may exercise its discretion in favour of the application.
17. The Court is also satisfied that the proposed amendment is aimed at:
• Correcting a beneficiary’s name to reflect official identification; and
• Achieving a fair and agreed redistribution of the estate.
18. There is no prejudice demonstrated, and no beneficiary has opposed the application.
D. DETERMINATION
19. In view of the foregoing, the Court finds that the application is meritorious.
E. ORDERS
20. Accordingly, the Court makes the following orders:
a. The application for rectification and amendment of the schedule of distribution is hereby allowed.
b. The schedule of distribution contained in the Certificate of Confirmation of Grant issued on 15th March 2018 is hereby amended in terms of the proposed amended schedule signed by all the beneficiaries.
c. The name of the beneficiary “Cyprian Omenge Nyambane” is hereby rectified to read “Cyprian Michaels Omenge Nyambane”.
d. A fresh Certificate of Confirmation of Grant shall issue reflecting the amended distribution.
e. Each party shall bear their own costs.
f. Mention on to 23.7.26 confirm completion of administration
T.A ODERA
JUDGE
24.3.26
DELIVERED, VIRTUALLY VIA TEAMS PLATFORM ON TTHIS 24TH DAY OF MARCH 2026, IN THE PRESENCE OF CA -OGENDO
1. This ruling relates to the Petitioners’ application seeking rectification and/or amendment of the schedule of distribution in respect of the estate of the deceased.
2. The application is premised on Sections 47, 74 and 83 of the Law of Succession Act and Rules 43 and 73 of the Probate and Administration Rules.
3. The application is supported by the affidavit of Cleophas Obare Nyambane and is grounded on the fact that:
o There were errors in the names of one of the beneficiaries;
o There was need to adjust the acreage and distribution of the estate; and
o All the beneficiaries have agreed on the proposed mode of distribution.
4. The Court has perused the application, the supporting affidavit and the annexures thereto including the proposed amended schedule of distribution signed by all beneficiaries.
B. ISSUES FOR DETERMINATION
5. The sole issue for determination is:
Whether the Court should allow the rectification and amendment of the confirmed grant in light of the consent by all beneficiaries.
C. ANALYSIS
6. The law governing rectification of grants is Section 74 of the Law of Succession Act, which provides that errors in names, descriptions or in setting out the time and place of death, or the purpose of a limited grant, may be rectified by the Court.
7. Additionally, Rule 43 of the Probate and Administration Rules empowers the Court to rectify errors in grants upon application.
8. However, where the rectification sought goes beyond mere clerical errors and touches on redistribution of the estate, the Court exercises its jurisdiction under Section 47 of the Act and Rule 73, which grant inherent powers to make such orders as may be necessary for the ends of justice.
9. In the present case, the applicants seek not only correction of a name but also adjustment of shares and acreage of the estate property. This would ordinarily require caution by the Court.
10. Nevertheless, a critical factor in this matter is that all the beneficiaries have expressly consented to the proposed redistribution, as evidenced by the signed amended schedule annexed to the application.
11. The Court has examined the said consent and notes that:
• All beneficiaries have appended their signatures;
• The proposed distribution clearly sets out each beneficiary’s share; and
• There is no indication of coercion, fraud or dispute.
12. The law is settled that where all beneficiaries are in agreement, the Court will ordinarily adopt the agreed mode of distribution unless it is illegal or unjust.
13. In Re Estate of M’Ngarithi M’Miriti (Deceased) [2017] eKLR, the Court held that:
“Where all beneficiaries have consented to the mode of distribution, the court has no reason to interfere unless the same is contrary to the law.”
14. Similarly, in In re Estate of Ngari (Deceased) [2018] eKLR, the Court observed that:
“The role of the court in confirmation of grants is facilitative where beneficiaries are in agreement.”
15. Further, Article 159(2)(c) of the Constitution enjoins this Court to promote alternative dispute resolution, including consensual settlement of disputes among parties.
16. The agreement by all beneficiaries in this case is therefore a strong basis upon which the Court may exercise its discretion in favour of the application.
17. The Court is also satisfied that the proposed amendment is aimed at:
• Correcting a beneficiary’s name to reflect official identification; and
• Achieving a fair and agreed redistribution of the estate.
18. There is no prejudice demonstrated, and no beneficiary has opposed the application.
D. DETERMINATION
19. In view of the foregoing, the Court finds that the application is meritorious.
E. ORDERS
20. Accordingly, the Court makes the following orders:
a. The application for rectification and amendment of the schedule of distribution is hereby allowed.
b. The schedule of distribution contained in the Certificate of Confirmation of Grant issued on 15th March 2018 is hereby amended in terms of the proposed amended schedule signed by all the beneficiaries.
c. The name of the beneficiary “Cyprian Omenge Nyambane” is hereby rectified to read “Cyprian Michaels Omenge Nyambane”.
d. A fresh Certificate of Confirmation of Grant shall issue reflecting the amended distribution.
e. Each party shall bear their own costs.
f. Mention on to 23.7.26 confirm completion of administration
T.A ODERA
JUDGE
24.3.26
DELIVERED, VIRTUALLY VIA TEAMS PLATFORM ON TTHIS 24TH DAY OF MARCH 2026, IN THE PRESENCE OF CA -OGENDO