1. The Application before the Court is the Summons for Rectification of Grant dated 20 th February 2026, which seeks:
“
a) THAT the Certificate of Confirmation of a Grant issued to the said JAMES KAMAU KURIA, RUTH NJERI NJIHIA and FRANCIS GITAU KURIA in this matter on the 25 th day of March 2019 be rectified in the following respect as provided for by Rule 43(1) of the Probate and Administration Rules:- by replacing the 8 acres of land in Oljorai Settlement Scheme with NAIVASHA/OLJORAI PHASE 1/73 measuring 0.81 Ha, NAIVASHA/OLJORAI PHASE 1/74 measuring 0.78 Ha, NAIVASHA/OLJORAI PHASE 1/76 measuring 0.81 Ha, [and] NAIVASHA/OLJORAIPHASE 1/79 measuring 0.79 Ha.
b) THAT the costs of this Application be provided for.”
2. In the Affidavit in Support of the Summons for Rectification of Grant, which Affidavit is dated 20 th February 2026, the three Petitioners/Administrators state that the Certificate of Confirmation of Grant issued on 25 th March 2019 contains errors as to the non-inclusion of the aforementioned four parcels of land.
3. The Petitioners/Administrators state at Paragraph 3 of the Supporting Affidavit that the non-inclusion of the four parcels of land arose because “ the said title deeds were not yet furnished to the administrators.” Thus, at the time of the confirmation process, they utilized the omnibus “ 8 acres of land in Oljorai Settlement Scheme” since the titles for the specific plots of land were yet to be issued. That omission of the specifics as per this background is what is sought to be rectified.
4. The law on rectification or alteration of grants is Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules . Section 74 provides:
‘Errors in names and descriptions, or in setting out the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court…’
5. Rule 43(1) of the Probate and Administration Rules provides:
‘Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the time or place of the death of the deceased, or in the case of a limited grant, the purpose for which the grant was made, he shall apply by summons…’
6. What these provisions mean is that errors may be rectified by the Court where they relate to names or descriptions, or setting out of the time or place of the deceased’s death. The effect is that the power to order rectification is limited to those situations, and therefore the power given to the court by these provisions is not general .
7. In the present case, there is an error in the description one of the properties. The property listed in the Certificate as “ 8 acres of land in Oljorai Settlement Scheme” is in reality the four parcels of land being NAIVASHA/OLJORAI PHASE 1/73 measuring 0.81 Ha, NAIVASHA/OLJORAI PHASE 1/74 measuring 0.78 Ha, NAIVASHA/OLJORAI PHASE 1/76 measuring 0.81 Ha, and NAIVASHA/OLJORAIPHASE 1/79 measuring 0.79 Ha. Neither the substance nor acreage of the property in question is changing, only its description; and which change is to accurately capture the identity of the land in question.
8. This is an error that can be dealt with under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules; and it is not strictly speaking an omission that would not be capable of being addressed under those twin provisions. Where an omission of property is the issue in question, the same is addressed by way of review as opposed to rectification.
9. In view of the foregoing, I find merit in the Application dated 20 th February 2026. Consequently, the same is allowed and the following orders be and are hereby issued:
a) That the Certificate of Confirmation of a Grant issued in this matter on 25 th March 2019 shall be altered by removing the property “8 acres of land in Oljorai Settlement Scheme” with “ NAIVASHA/OLJORAI PHASE 1/73 measuring 0.81 Ha, NAIVASHA/OLJORAI PHASE 1/74 measuring 0.78 Ha, NAIVASHA/OLJORAI PHASE 1/76 measuring 0.81 Ha, and NAIVASHA/OLJORAIPHASE 1/79 measuring 0.79 Ha.”
b) Costs of the Summons be in the Cause.
Orders Accordingly. Actions to be Taken Accordingly.
DATED, SIGNED, AND DELIVERED AT KIAMBU THIS 30 TH DAY OF APRIL 2026.
…………………………………………………………………………..
BAHATI MWAMUYE MBS
JUDGE
KIAMBU HC SUCCESSION CAUSE NO. 90 OF 2018 RG Page 2 of 2
“
a) THAT the Certificate of Confirmation of a Grant issued to the said JAMES KAMAU KURIA, RUTH NJERI NJIHIA and FRANCIS GITAU KURIA in this matter on the 25 th day of March 2019 be rectified in the following respect as provided for by Rule 43(1) of the Probate and Administration Rules:- by replacing the 8 acres of land in Oljorai Settlement Scheme with NAIVASHA/OLJORAI PHASE 1/73 measuring 0.81 Ha, NAIVASHA/OLJORAI PHASE 1/74 measuring 0.78 Ha, NAIVASHA/OLJORAI PHASE 1/76 measuring 0.81 Ha, [and] NAIVASHA/OLJORAIPHASE 1/79 measuring 0.79 Ha.
b) THAT the costs of this Application be provided for.”
2. In the Affidavit in Support of the Summons for Rectification of Grant, which Affidavit is dated 20 th February 2026, the three Petitioners/Administrators state that the Certificate of Confirmation of Grant issued on 25 th March 2019 contains errors as to the non-inclusion of the aforementioned four parcels of land.
3. The Petitioners/Administrators state at Paragraph 3 of the Supporting Affidavit that the non-inclusion of the four parcels of land arose because “ the said title deeds were not yet furnished to the administrators.” Thus, at the time of the confirmation process, they utilized the omnibus “ 8 acres of land in Oljorai Settlement Scheme” since the titles for the specific plots of land were yet to be issued. That omission of the specifics as per this background is what is sought to be rectified.
4. The law on rectification or alteration of grants is Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules . Section 74 provides:
‘Errors in names and descriptions, or in setting out the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court…’
5. Rule 43(1) of the Probate and Administration Rules provides:
‘Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the time or place of the death of the deceased, or in the case of a limited grant, the purpose for which the grant was made, he shall apply by summons…’
6. What these provisions mean is that errors may be rectified by the Court where they relate to names or descriptions, or setting out of the time or place of the deceased’s death. The effect is that the power to order rectification is limited to those situations, and therefore the power given to the court by these provisions is not general .
7. In the present case, there is an error in the description one of the properties. The property listed in the Certificate as “ 8 acres of land in Oljorai Settlement Scheme” is in reality the four parcels of land being NAIVASHA/OLJORAI PHASE 1/73 measuring 0.81 Ha, NAIVASHA/OLJORAI PHASE 1/74 measuring 0.78 Ha, NAIVASHA/OLJORAI PHASE 1/76 measuring 0.81 Ha, and NAIVASHA/OLJORAIPHASE 1/79 measuring 0.79 Ha. Neither the substance nor acreage of the property in question is changing, only its description; and which change is to accurately capture the identity of the land in question.
8. This is an error that can be dealt with under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules; and it is not strictly speaking an omission that would not be capable of being addressed under those twin provisions. Where an omission of property is the issue in question, the same is addressed by way of review as opposed to rectification.
9. In view of the foregoing, I find merit in the Application dated 20 th February 2026. Consequently, the same is allowed and the following orders be and are hereby issued:
a) That the Certificate of Confirmation of a Grant issued in this matter on 25 th March 2019 shall be altered by removing the property “8 acres of land in Oljorai Settlement Scheme” with “ NAIVASHA/OLJORAI PHASE 1/73 measuring 0.81 Ha, NAIVASHA/OLJORAI PHASE 1/74 measuring 0.78 Ha, NAIVASHA/OLJORAI PHASE 1/76 measuring 0.81 Ha, and NAIVASHA/OLJORAIPHASE 1/79 measuring 0.79 Ha.”
b) Costs of the Summons be in the Cause.
Orders Accordingly. Actions to be Taken Accordingly.
DATED, SIGNED, AND DELIVERED AT KIAMBU THIS 30 TH DAY OF APRIL 2026.
…………………………………………………………………………..
BAHATI MWAMUYE MBS
JUDGE
KIAMBU HC SUCCESSION CAUSE NO. 90 OF 2018 RG Page 2 of 2