In re Estate of John K. Gikonyo (Deceased) [2023] KEHC 2926 (KLR)

In re Estate of John K. Gikonyo (Deceased) (Succession Cause 123 of 2003) [2023] KEHC 2926 (KLR) (24 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2926 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 123 of 2003

RE Aburili, J

March 24, 2023

IN THE MATTER OF THE ESTATE OF JOHN K. GIKONYO- DECEASED AND IN THE MATTER OF AN APPLICTION BY MONICA MUGURE KAMAU

In the matter of

Monica Mugure Kamau

Applicant

Ruling

1. The grant of letters of administration intestate was issued to Monica Mugure Kamau and Martha Wachika Kamau on July 20, 2007 and confirmed on October 6, 2008; sharing out the properties of the estate to all the listed beneficiaries.

2. Vide the application dated June 28, 2022, Monica Mugure Kamau seeks orders for rectification of the certificate of confirmed grant to correct the description of property stated as Nakuru Municipality Block 27/773 to read Nakuru/Municipality LR No 12786/667 as per the letter from the Lands Office, Nakuru dated September 13, 2016.

3. I have perused the letter dated September 13, 2016 which is signed by the County Surveyor, Nakuru County, a Mr. James Kiriuki. It states at paragraph 2 that LR No 12786/667 was converted to Nakuru Municipality Block 27/773.

4. It wold appear that the administrators should have quoted the old number before conversion. I find no prejudice will be occasion to any of the beneficiaries if the title number is rectified to enable full administration of the estate of John K. Gikonyo (deceased).

5. I allow the application and direct that a rectified certificate of confirmation of grant do issue, rectifying property No Nakuru Municipality Block 27/773 to read Nakuru/Municipality LR No 12786/667.

6. The administrators to conclude the administration of the deceased’s estate within six (6) months of today and render accounts to court as stipulated in Section 83 of the Law of Succession Act.

7. Parties to be notified forthwith to collect Certificate of Confirmation of Grant.

8. This file is now closed.

9. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. ABURILIJUDGE