'1. The Applicant filed the summons dated 25.7.25 for rectification of grant under section 74 of the law of Succession Act, and Rules 43 and 73 of the probate and administration rules.
2. He seeks that the confirmed grant be rectified so that he had his 3 brothers can inherit Land parcel no. Wanjare /Bogita/ 756 in equal shares exclusive of their mother and sisters . The application is based on the grounds that the court acted on wrong information provided to it by the administrator . The application is not opposed .
3. Section 74 of the law of Succession Act which has been relied on by the applicant provides that ;-74. Errors may be rectified by court
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, and the grant of representation, whether before
or after confirmation, may be altered and amended accordingly.
4. It is clear that the errors complained of herein go to the root of distribution and thus do not all within the ambit of Section 73 of the Law of Succession Act but Section 76
5. I have also perused the rec rod herein and noted that there is a Letter from land registrar dated 29.6.20 addressed to the court indicating that land parcel no. Wanjare /Bogita/ 756 was subdivided by deceased on 11/3/88 into 1949 and 1950 . He had 1949 registered in this name and transferred. Also that land parcel no. Wanjare /Bogita/ 756 be registered in the name of Michael Ngato Matibe which will leave out the other beneficiaries . I have seen the green card of the said land parcel 756, it shows that land parcel no. 1950 to Mokua Singombe on 23.1.89 and subsequently r transferred to James Nyarunda Obare on 31.10.113 and later to Hendricus Otenyo Osoro on 28.11.14.
6. It appears that it was not disclosed to court that land parcel no . Wanjare /Bogita/ 756 did not exist as at 14.2.2014 when the grant was confirmed by Hon lady Justice Sitati .
7. In the circumstances I decline to allow the application dated 25.7.25 .
8. I direct that all the beneficiaries as per the chief’s letter dated 2.7.12 filed herein.
9. Mention on 9.3.25.
T.A ODERA
JUDGE
24.10.25
DELIVERED VIRTUALLY VIA TRAMS PLATFORM IN THE PRESENCE OF CA KIPCHIRCHIR . PARTIES ABSENT.
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2. He seeks that the confirmed grant be rectified so that he had his 3 brothers can inherit Land parcel no. Wanjare /Bogita/ 756 in equal shares exclusive of their mother and sisters . The application is based on the grounds that the court acted on wrong information provided to it by the administrator . The application is not opposed .
3. Section 74 of the law of Succession Act which has been relied on by the applicant provides that ;-74. Errors may be rectified by court
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, and the grant of representation, whether before
or after confirmation, may be altered and amended accordingly.
4. It is clear that the errors complained of herein go to the root of distribution and thus do not all within the ambit of Section 73 of the Law of Succession Act but Section 76
5. I have also perused the rec rod herein and noted that there is a Letter from land registrar dated 29.6.20 addressed to the court indicating that land parcel no. Wanjare /Bogita/ 756 was subdivided by deceased on 11/3/88 into 1949 and 1950 . He had 1949 registered in this name and transferred. Also that land parcel no. Wanjare /Bogita/ 756 be registered in the name of Michael Ngato Matibe which will leave out the other beneficiaries . I have seen the green card of the said land parcel 756, it shows that land parcel no. 1950 to Mokua Singombe on 23.1.89 and subsequently r transferred to James Nyarunda Obare on 31.10.113 and later to Hendricus Otenyo Osoro on 28.11.14.
6. It appears that it was not disclosed to court that land parcel no . Wanjare /Bogita/ 756 did not exist as at 14.2.2014 when the grant was confirmed by Hon lady Justice Sitati .
7. In the circumstances I decline to allow the application dated 25.7.25 .
8. I direct that all the beneficiaries as per the chief’s letter dated 2.7.12 filed herein.
9. Mention on 9.3.25.
T.A ODERA
JUDGE
24.10.25
DELIVERED VIRTUALLY VIA TRAMS PLATFORM IN THE PRESENCE OF CA KIPCHIRCHIR . PARTIES ABSENT.
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