IN THE MATTER OF THE ESTATE OF JONATHAN KILONZO KIVEKE -(DECEASED) [2013] KEHC 3808 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

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IN THE MATTER OF THE ESTATE OF JONATHAN KILONZO KIVEKE -(DECEASED)

RULING

The application dated 24th October 2012 seeks rectification of certificate of grant dated 19th July 2011. The principle ground is that two properties had been omitted from distribution.

This is not a case for rectification. There are no errors of the sort envisaged under Section 74 of the Law of Succession Act.   The scenario presented by the omission of the assets neccessitates review. I have perused the attached search certificate and noted that the two properties are registered in the name of the deceased, Jonathan Kilonzo Kivete.

I entertain serious deubts about the execution of the consent to the proposed mode of distribution dated 2nd October 2012 as only three of the beneficiaries have executed the consent. I will not order the review of the confirmation orders of 19the July 2011, instead I will set the said orders aside and cancel the certificate of confirmation of grant dated 19the July 2011. The administrators shall file a fresh application for confirmation of grant in which they shall include the omitted assets.

It is so ordered.

DATED, SIGNED and DELIVERED at NAIROBI this 9th DAY OF May, 2013.

W. M. MUSYOKA

JUDGE