In re Estate of John Mugothi Kingori (Deceased) [2021] KEHC 7175 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

SUCCESSION CAUSE NO. 603 OF 2015

IN THE MATTER OF THE ESTATE OF THE LATE JOHN MUGOTHI KINGORI (DECEASED)

PUBLIC TRUSTEE....................................................................PETITIONER

RULING

1. The applicant has filed an application dated the 21/07/2020 under the provisions of Section 74 of the Law of Succession Act and  Rule 43 (1) of the Probate and Administration Rules and seeks to include Safaricom Ltd Shares and Safaricom Ltd unclaimed dividends which were inadvertently omitted from the list of the deceased assets.

2. The application is premised on the  grounds on the face of the application and on the supporting affidavit made by the applicant and dated21/07/2020

3. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allows for the review of orders provided that it does not affect the substance of the Grant.

4. Upon reading the application and hearing the submissions of counsel appearing for the applicant, this court is satisfied that the correction and inclusion of omitted shares and dividends is as envisaged under the provisions of the above Section 74 and Rule 43.  The application is found to be meritorious  and is hereby allowed.

5. The Certificate of Confirmation of Grant issued on 4/07/2017 is hereby rectified to include 900 Safaricom Ltd Shares and Safaricom Ltd Unclaimed Dividends to IRENE NJERI GATHUOabsolutely.

Orders Accordingly.

DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 6TH DAY MAY, 2021.

HON. LADY JUSTICE A. MSHILA

JUDGE