In re Estate of James Njoroge Mbugua (Deceased) [2025] KEHC 1310 (KLR)

In re Estate of James Njoroge Mbugua (Deceased) (Succession Cause E069 of 2022) [2025] KEHC 1310 (KLR) (5 February 2025) (Ruling)

Neutral citation: [2025] KEHC 1310 (KLR)

Republic of Kenya

In the High Court at Kiambu

Succession Cause E069 of 2022

DO Chepkwony, J

February 5, 2025

Ruling

1. The matter is coming up for hearing of Summon for Rectification of Grant dated 22nd December, 2024, in which the Applicant, Hellen Njoki Njoroge who is an Administrator in the estate of James Njoroge Mbugua, the deceased is seeking for orders:a.That the Certificate of Confirmation of Grant issued to the said Hellen Njoki Njorogein this matter on the 23rd day of February, 2023, be rectified to correctly reflect the name of Hellen Njoki Njoroge in L.R Numbe4r 209/4372 as 1/14th instead of 1/5th, as erroneously listed in the said certificate.b.That the rectified Certificate of Confirmation of Grant be issued accordingly.

2. The application is premised on the grounds set out on its face and Supporting Affidavit of Hellen Njoki Njorogesworn on 22nd December, 2024. The application is also supported by the annexures attached to the Supporting Affidavit: -a.A copy of deceased’s Death Certificate, “Exhibit 1”.b.A copy of the Grant and Certificate of Confirmation of Grant, “Exhibit 2”.c.A copy of the Certificate of Confirmation of Grant in the Estate of Sospeter Mbugua Munyui, “Exhibit 3”.d.A copy of the Sale Agreement “Exhibit 4”.e.A copy of their consents, “Exhibit 5”.

3. The other beneficiaries Lee Mbugua Njoroge of ID No. 293758, Peter Davis Wanyoro of ID No. 411XXX and Simon Kioria Njoroge of ID No. 32XXXX were in attendance and they confirmed the error on the Certificate of Confirmation of Grant issued to Hellen Njoki Njoroge,the Applicant/Administrator issued on 23rd February, 2023, and had no objection to the same being rectified.

4. I have perused the annexures annexed to the Supporting Affidavit and find the same confirming the prayers being sought.

5. The application is therefore unopposed and this court proceeds to allow the same as follows:a.The Certificate of Confirmation of Grant issued to Hellen Njoki Njorogeon 23rd of February, 2023, be and is hereby rectified to correctly reflect the share of Hellen Njoki Njoroge in L.R Number 209/4372 as 1/14th instead of 1/5th as erroneously listed in the said certificate.b.The rectified Certificate of Confirmation of Grant be and is hereby issued accordingly.It is so ordered.

RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 5TH DAY OF FEBRUARY, 2025D. O. CHEPKWONYJUDGEIn the Presence of:Martin – Court AssistantMs. Ng’ang’a Counsel for Applicant and other Beneficiaries