In re Estate of the Late Abednego Nyamai Makau [2016] KEHC 2240 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO. 966 OF 2011

IN THE MATTER OF THE ESTATE OF THE LATE ABEDNEGO NYAMAI MAKAU – DECEASED

AND

J M N……………………………………1ST APPLICANT

W M N ……………………………………2ND APPLICANT

RULING OF THE COURT

1. The Summons before the Court is dated 8th June, 2016 seeking for rectification of the Confirmed Grant issued on 16th November, 2012. Application seeks the following prayers;

a. That the grant of letters of administration issued to the said J M N andW M N in this matter on the 25th day of January, 2012, be rectified in the following respects as provided for by Rule 43(1)of the Probate and Administration Rules:

i. The confirmed grant be amended to include the following Barclays bank accounts junior accounts that were opened by the deceased for the minors that were inadvertently left out while making the application for the Confirmation of the Grant.

Account number (particulars withheld) in the name of W M N

Account number (particulars withheld) in the name of M N N

Account Number (particulars withheld) in the name of I W N

b. That the said accounts be given to J M N their mother and one of the administrators to operate them and be the signatory.

c. That the costs of this application be provided for.

2. I have considered the application.  It is not opposed. It is also merited as per the Supporting Affidavit.

3. The application is allowed, and rectification ordered as prayed.

Dated and delivered at Machakos this26thday of October, 2016.

………………………………

E. OGOLA

JUDGE

In the presence of;

Mr. Mwema holding brief for Mutua Makau for applicant

Court Assistant – Mr. Munyao