Introduction
1. Before this Court for determination is the Summons for Review of Grant dated 26.11.24 and filed herein by WILLIAM OYARO MOCHA, the applicant and sole surviving administrator of the estate of the late ONSARE MANGANA, who died intestate on 12th April 1985.
2. The applicant seeks, inter alia, orders that:
i. The Certificate of Confirmation of Grant issued on 13th February 2015 amended to reflect land parcel CENTRAL KITUTU/DARAJA MBILI/1194 to be 0.152 Ha.
ii. The Honourable Court be pleased to delete the names of ARISTARIKO ONYANSI ONGUBO (deceased) and JULIUS ASIAGO OGETONTO (deceased) be removed as administrators and substituted them with WILLIAM OYARO MOCHA t as the sole surviving administrator.
iii. Costs of the application be provided for .
Applicant’s Case
3. The application is supported by the affidavit of WILLIAM OYARO MOCHA, sworn on 26.11.24
4. The applicant deposes that a Certificate of Confirmation of Grant was issued on 13th February 2015 to himself together with ARISTARIKO ONYANSI ONGUBO and JULIUS ASIAGO OGETONTO, now deceased.
5. Under the said certificate, LR No. CENTRAL KITUTU/DARAJA MBILI/1194 was distributed as follows:
o ARISTARIKO ONYANSI ONGUBO – 0.11 Ha
o WILLIAM OYARO MOCHA – 0.05 Ha
o JULIUS ASIAGO OGETONTO – 0.03 Ha
6. It is further deposed that subsequent ground verification and a survey conducted by the County Surveyor revealed that the actual acreage on the ground, inclusive of a road of access, did not correspond with the distribution in the Certificate of Confirmation.
7. The applicant avers that following a complaint lodged before the Deputy County Commissioner by one of the co-administrators (now deceased), the survey established the following measurements:
o ARISTARIKO ONYANSI ONGUBO – 0.07 Ha
o WILLIAM OYARO MOCHA – 0.04 Ha
o JULIUS ASIAGO OGETONTO – 0.03 Ha
o Road of access – 0.08 Ha
8. The applicant further states that both his co-administrators have since passed away, leaving him as the only surviving administrator, and annexed copies of the relevant death certificates.
9. It is his case that the discrepancies in Certificate of Confirmation of Grant and the ground occupation and the death of his co -administrators have stalled the completion of administration .
Issues for Determination
11. From the pleadings and affidavit evidence, the issues for determination are as follows :
a. Whether the grant of letters of administration dated 31.12.2012 of administration applicant should be rectified to remove the names of the deceased administrators and appoint the applicant as the sole administrator if the estate of deceased .
b. Whether the Certificate of Confirmation should be rectified to reflect the correct acreage of the estate property on the ground .
Analysis and Determination
Rectification of letters of administration and Certificate of Confirmation
12. The power of this Court to review its orders in succession matters flows from Section 47 of the law of Succession Act empowers courts to make orders or expediency of proceedings while Rule 73 of the Probate and Administration Rules, provides that for inherent powers of the court to make orders necessary to meet the ends of justice. In the present case, the evidence placed before Court demonstrates that the acreage reflected in the Certificate of Confirmation does not align with the actual measurements on the ground as confirmed by the County Surveyor and 2 out of 3 administrators are deceased and so there is need to remove their names from the grant for administration which has stalled to be completed . The applicant, being the sole surviving administrator, is lawfully entitled to continue administering the estate to complete administration.
13. No prejudice has been demonstrated that would be occasioned to any beneficiary by the orders sought.
Disposition
14. In the premises, the Court finds the application merited and makes the following orders:
a. The Summons for review of grant dated 26.11.24 is hereby allowed.
b. Aristariko Onyansi Ongumbo , and Julius Asiago Ogetonto two of the administrators are deceased.
c. The grant of letters of administration dated 31.12.2012 issued to Aristariko Onyansi Ongumbo , William Oyaro Mocha and Julius Asiago Ogetonto is hereby revoked.
d. I hereby appoint William Oyaro Mocha as the administrator of the estate of the deceased herein .
e. Fresh letters of administration to issue in the name of William Oyaro Mocha upon surrender of the original letters of administration dated 13.2.2015 and the confirmed grant dated 13.2.2015 .
f. The Certificate of Confirmation of Grant issued on 13th February 2015 is hereby amended to reflect that LR No. CENTRAL KITUTU/DARAJA MBILI/1194 to be measuring approximately . 0.152 Ha and that road access is 0.08 Ha inclusive of the road of access.
g. The shares of the Aristariko Onyansi Ongumbo , William Oyaro Mocha and Julius Asiago Ogetonto the deceased beneficiaries to be registered in he names of their respective estates.
h. Administration of the estate be completed within 120 days from today.
i. Mention on 29.6.26 to confirm completion of administration.
T.A ODERA
JUDGE
2.2.26
DELIVERED VIRTUALLY VIA TEAMS PLATFORM ON THIS 2ND DAY OF FEBRUARY 2026. IN THE PRESENCE OF MISS OLOO FOR THE APPLICANT & CA KIPCHIRCHIR
1. Before this Court for determination is the Summons for Review of Grant dated 26.11.24 and filed herein by WILLIAM OYARO MOCHA, the applicant and sole surviving administrator of the estate of the late ONSARE MANGANA, who died intestate on 12th April 1985.
2. The applicant seeks, inter alia, orders that:
i. The Certificate of Confirmation of Grant issued on 13th February 2015 amended to reflect land parcel CENTRAL KITUTU/DARAJA MBILI/1194 to be 0.152 Ha.
ii. The Honourable Court be pleased to delete the names of ARISTARIKO ONYANSI ONGUBO (deceased) and JULIUS ASIAGO OGETONTO (deceased) be removed as administrators and substituted them with WILLIAM OYARO MOCHA t as the sole surviving administrator.
iii. Costs of the application be provided for .
Applicant’s Case
3. The application is supported by the affidavit of WILLIAM OYARO MOCHA, sworn on 26.11.24
4. The applicant deposes that a Certificate of Confirmation of Grant was issued on 13th February 2015 to himself together with ARISTARIKO ONYANSI ONGUBO and JULIUS ASIAGO OGETONTO, now deceased.
5. Under the said certificate, LR No. CENTRAL KITUTU/DARAJA MBILI/1194 was distributed as follows:
o ARISTARIKO ONYANSI ONGUBO – 0.11 Ha
o WILLIAM OYARO MOCHA – 0.05 Ha
o JULIUS ASIAGO OGETONTO – 0.03 Ha
6. It is further deposed that subsequent ground verification and a survey conducted by the County Surveyor revealed that the actual acreage on the ground, inclusive of a road of access, did not correspond with the distribution in the Certificate of Confirmation.
7. The applicant avers that following a complaint lodged before the Deputy County Commissioner by one of the co-administrators (now deceased), the survey established the following measurements:
o ARISTARIKO ONYANSI ONGUBO – 0.07 Ha
o WILLIAM OYARO MOCHA – 0.04 Ha
o JULIUS ASIAGO OGETONTO – 0.03 Ha
o Road of access – 0.08 Ha
8. The applicant further states that both his co-administrators have since passed away, leaving him as the only surviving administrator, and annexed copies of the relevant death certificates.
9. It is his case that the discrepancies in Certificate of Confirmation of Grant and the ground occupation and the death of his co -administrators have stalled the completion of administration .
Issues for Determination
11. From the pleadings and affidavit evidence, the issues for determination are as follows :
a. Whether the grant of letters of administration dated 31.12.2012 of administration applicant should be rectified to remove the names of the deceased administrators and appoint the applicant as the sole administrator if the estate of deceased .
b. Whether the Certificate of Confirmation should be rectified to reflect the correct acreage of the estate property on the ground .
Analysis and Determination
Rectification of letters of administration and Certificate of Confirmation
12. The power of this Court to review its orders in succession matters flows from Section 47 of the law of Succession Act empowers courts to make orders or expediency of proceedings while Rule 73 of the Probate and Administration Rules, provides that for inherent powers of the court to make orders necessary to meet the ends of justice. In the present case, the evidence placed before Court demonstrates that the acreage reflected in the Certificate of Confirmation does not align with the actual measurements on the ground as confirmed by the County Surveyor and 2 out of 3 administrators are deceased and so there is need to remove their names from the grant for administration which has stalled to be completed . The applicant, being the sole surviving administrator, is lawfully entitled to continue administering the estate to complete administration.
13. No prejudice has been demonstrated that would be occasioned to any beneficiary by the orders sought.
Disposition
14. In the premises, the Court finds the application merited and makes the following orders:
a. The Summons for review of grant dated 26.11.24 is hereby allowed.
b. Aristariko Onyansi Ongumbo , and Julius Asiago Ogetonto two of the administrators are deceased.
c. The grant of letters of administration dated 31.12.2012 issued to Aristariko Onyansi Ongumbo , William Oyaro Mocha and Julius Asiago Ogetonto is hereby revoked.
d. I hereby appoint William Oyaro Mocha as the administrator of the estate of the deceased herein .
e. Fresh letters of administration to issue in the name of William Oyaro Mocha upon surrender of the original letters of administration dated 13.2.2015 and the confirmed grant dated 13.2.2015 .
f. The Certificate of Confirmation of Grant issued on 13th February 2015 is hereby amended to reflect that LR No. CENTRAL KITUTU/DARAJA MBILI/1194 to be measuring approximately . 0.152 Ha and that road access is 0.08 Ha inclusive of the road of access.
g. The shares of the Aristariko Onyansi Ongumbo , William Oyaro Mocha and Julius Asiago Ogetonto the deceased beneficiaries to be registered in he names of their respective estates.
h. Administration of the estate be completed within 120 days from today.
i. Mention on 29.6.26 to confirm completion of administration.
T.A ODERA
JUDGE
2.2.26
DELIVERED VIRTUALLY VIA TEAMS PLATFORM ON THIS 2ND DAY OF FEBRUARY 2026. IN THE PRESENCE OF MISS OLOO FOR THE APPLICANT & CA KIPCHIRCHIR