[1] The Summons dated 5 th December 2025 was filed by the petitioner, Humphrey Otieno Oginga, for Rectification of Grant. It was filed under Section 74 of the Law of Succession Act, Cap 160 of the Laws of Kenya and Rule 43(1) of the Probate and Administration Rules. In particular, the petitioner prayed that the Grant of Letters of Administration Intestate issued to him on 9 th December 2013 and confirmed on 27 th November 2023 be amended as follows:
[a] That his name, which was erroneously captured in the Kenya Gazette, Grant of Letters of Administration Intestate issued on the 16 th November 2023 and confirmed on 27 th November 2023 as Humphrey Otieno Oginga alias Humphrey Colins Otieno Oginga be amended to read Humphrey Colins Otieno Oginga as per his identify card.
[b] That one of the beneficiary’s name, Brian Norman Ouma Oginga, erroneously captured in the Grant of Letters of Administration issued and confirmed on 27 th November 2023 as Brian Ouma Oginga alias Brian Norman Ouma Oginga be amended to read Brian Norman Ouma Oginga as per the identify card.
[2] The application was supported by the affidavit of the petitioner, sworn on 15 th December 2025. The petitioner explained that, as one of the sons of the deceased, he petitioned the Court for Grant of Letters of Administration Intestate in respect of the estate of the deceased. He was consequently issued with the Grant which was thereafter confirmed 27 th November 2023.
[3] The petitioner further averred that he was in the process of distributing the estate of the deceased to the beneficiaries when he got to learn that his name as well as the name of his brother, Brian Norman Ouma Oginga , as captured in the Grant of Letters of Administration Intestate and the Certificate of Confirmation of Grant did not tally with their names as reflected in their respective national identity cards. Consequently, he could not continue with the distribution process until the errors were corrected.
[4] He consequently filed the instant application to have the Grant of Letters of Administration and Certificate of Confirmation amended so as to correct his name as well as the name of Brian Norman Ouma Oginga to align with their names as reflected in their respective identity cards. He added that it is in the interest of justice that the application be allowed and the orders sought granted as prayed.
[5] Section 74 of the Law of Succession Act, recognizes that:
"Errors in names and descriptions, or in setting forth 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."
[6] In the same vein, Rule 43(1) of the Probate and Administration Rules stipulates that:
"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... he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was issued."
[7] In the premises, having given due consideration to the application dated 15 th December 2025, I am satisfied that it is meritorious. The same is hereby allowed and orders granted as follows:
[a] That the Grant of Letters of Administration Intestate and the Certificate of Confirmation issued herein be amended to correct the name of the petitioner, which was erroneously captured as H umphrey Otieno Oginga alias Humphrey Colins Otieno Oginga to read Humphrey Colins Otieno Oginga as per the identify card.
[b] That the Grant of Letters of Administration Intestate and the Certificate of Confirmation issued herein be amended to correct the name of Brian Norman Ouma Oginga , one of the beneficiaries herein, erroneously captured as Brian Ouma Oginga alias Brian Norman Ouma Oginga to read Brian Norman Ouma Oginga as per the identify card.
[c] That there be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14 TH DAY OF MAY 2025
[a] That his name, which was erroneously captured in the Kenya Gazette, Grant of Letters of Administration Intestate issued on the 16 th November 2023 and confirmed on 27 th November 2023 as Humphrey Otieno Oginga alias Humphrey Colins Otieno Oginga be amended to read Humphrey Colins Otieno Oginga as per his identify card.
[b] That one of the beneficiary’s name, Brian Norman Ouma Oginga, erroneously captured in the Grant of Letters of Administration issued and confirmed on 27 th November 2023 as Brian Ouma Oginga alias Brian Norman Ouma Oginga be amended to read Brian Norman Ouma Oginga as per the identify card.
[2] The application was supported by the affidavit of the petitioner, sworn on 15 th December 2025. The petitioner explained that, as one of the sons of the deceased, he petitioned the Court for Grant of Letters of Administration Intestate in respect of the estate of the deceased. He was consequently issued with the Grant which was thereafter confirmed 27 th November 2023.
[3] The petitioner further averred that he was in the process of distributing the estate of the deceased to the beneficiaries when he got to learn that his name as well as the name of his brother, Brian Norman Ouma Oginga , as captured in the Grant of Letters of Administration Intestate and the Certificate of Confirmation of Grant did not tally with their names as reflected in their respective national identity cards. Consequently, he could not continue with the distribution process until the errors were corrected.
[4] He consequently filed the instant application to have the Grant of Letters of Administration and Certificate of Confirmation amended so as to correct his name as well as the name of Brian Norman Ouma Oginga to align with their names as reflected in their respective identity cards. He added that it is in the interest of justice that the application be allowed and the orders sought granted as prayed.
[5] Section 74 of the Law of Succession Act, recognizes that:
"Errors in names and descriptions, or in setting forth 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."
[6] In the same vein, Rule 43(1) of the Probate and Administration Rules stipulates that:
"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... he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was issued."
[7] In the premises, having given due consideration to the application dated 15 th December 2025, I am satisfied that it is meritorious. The same is hereby allowed and orders granted as follows:
[a] That the Grant of Letters of Administration Intestate and the Certificate of Confirmation issued herein be amended to correct the name of the petitioner, which was erroneously captured as H umphrey Otieno Oginga alias Humphrey Colins Otieno Oginga to read Humphrey Colins Otieno Oginga as per the identify card.
[b] That the Grant of Letters of Administration Intestate and the Certificate of Confirmation issued herein be amended to correct the name of Brian Norman Ouma Oginga , one of the beneficiaries herein, erroneously captured as Brian Ouma Oginga alias Brian Norman Ouma Oginga to read Brian Norman Ouma Oginga as per the identify card.
[c] That there be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14 TH DAY OF MAY 2025