In re Estate of M'Bauni M'Ichirai alias Gerard Bauni alias Bauni Chirai (Deceased) [2023] KEHC 25192 (KLR)

In re Estate of M'Bauni M'Ichirai alias Gerard Bauni alias Bauni Chirai (Deceased) (Succession Cause 8 of 2017) [2023] KEHC 25192 (KLR) (2 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25192 (KLR)

Republic of Kenya

In the High Court at Chuka

Succession Cause 8 of 2017

LW Gitari, J

November 2, 2023

Between

Dores Kawira Murungi

Applicant

and

Kenneth Bundi Gerrald

1st Administrator

Johnson Kimandi Erastus

2nd Administrator

Ruling

1. The applicant Kenneth Bundi Gerrald and Johnson Kimandi Erastus have filed an undated summons for Rectification of Grant filed in court on December 6, 2022.

2. Their prayer is that the rectified certificate of confirmation of grant issued to the applicants on July 8, 2019 be further rectified by replacing Floric Mukwanjeru Bauni with Caroline Gachoki Gerrald since Floric Mukwanjeru Bauni is now deceased.

3. The summons is supported by the Affidavit sworn by the applicant. The affidavit is undated. The applicants aver that Floric Mukwanjeru Bauni and Lucy Gatune Bauni were given Land Parcel No. Mwimbi/Chogoria/528 measuring 0. 50 acres. They aver that the grant should be rectified so that the land Parcel No, Mwimbi/Chogoria/528 goes to Lucy Gatune Bauni.

4. I have considered the application. I note that the two were jointly allocated the said land parcel. One is deceased. The grant ought to be amended to remove the name of the beneficiary who is deceased. I note that the application is not opposed. The rectification is necessary in order to facilitate the execution of the grant. Section 47 of the Law of Succession Act and rule 73 of the Probate and Administration Rules gives this court discretion to issue such orders as may be necessary to meet the ends of justice or to prevent abuse of the process of the court and such orders as may be expedient.

5. In this matter though the change to be made on the grant is not what is envisaged under section 74 of the Law of Succession Act, it is my view that rectification is necessary to facilitate the implementation of the grant. There is no prejudice as the application is not opposed.

6. I find that the application has merits. I allow it and order that the grant be rectified as prayed. The name of Floric Mukwanjeru Bauni who is now deceased shall be removed from the grant.

7. I make no orders as to costs.

DATED, SIGNED AND DELIVERED AT CHUKA THIS 2NDDAY OF NOVEMBER 2023. L.W. GITARIJUDGE