Geremano Mukundi v Susan Wairimu Muthon [2014] KEHC 1175 (KLR)

IN THE HIGH COURT OF KENYA AT MURANG’A

SUCCESSION CAUSE NO 1 OF 2012

IN THE MATTER OF THE ESTATE OF MARY MUTHONI GIKONYO – DECEASED

GEREMANO MUKUNDI………….……………………………..APPLICANT

VERSUS

SUSAN WAIRIMU MUTHON ………………...………………RESPONDENT

R U L I N G

1.  The grant of letters of administration intestate issued herein on 27th January 2014 to Jeremano Mukundi and Stephen Muchiri was confirmed early on 25th February 2014.  Certificate of confirmation of grant was issued on 6th March 2014.

2.  The Administrators have now come back to court by summons dated 22nd April 2014 seeking rectification of the Certificate of Confirmation of Grant.  The rectification sought is inclusion among the assets of the Deceased land parcelLR Bahati/Kabatini Block 1/634, and distribution of that parcel to Jeremano Mukundi.  It is said that the parcel was erroneously left out.   Annexed to the supporting affidavit is a certificate of official search dated 11th April 2014which shows that the parcel of land is registered in the name of one Mary Muthoni Gikonyo, apparently the Deceased herein.

3.  There is also the consent dated 28th November 2014 signed by the other dependants of the Deceased, Joseph Njuguna Muchiri and John Gikonyo Muchiri.

4.  In these circumstances, I will allow the summons to rectify the confirmed grant.  I will also allow the proposed distribution of the additional property.  It’s so ordered.

DATED SIGNED AND DELIVERED AT MURANG'A THIS  5TH  DAY OF DECEMBER 2014

H.P.G. WAWERU

JUDGE