In re Estate of the Late Sam Chege Thiong'o alias Samwel Chege Thiong'o (Deceased) [2024] KEHC 9885 (KLR)

In re Estate of the Late Sam Chege Thiong'o alias Samwel Chege Thiong'o (Deceased) (Succession Cause 589 of 2013) [2024] KEHC 9885 (KLR) (29 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9885 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 589 of 2013

PN Gichohi, J

July 29, 2024

IN THE MATTER OF THE ESTATE OF THE LATE SAM CHEGE THIONG’O alias SAMWEL CHEGE THIONG’O (DECEASED)

In the matter of

Elizabeth Kabura Thiong’o

Applicant

Ruling

1. What was coming up today is the summons for rectification of grant brought under section 47, 71 (1) and 74 of the Law of Succession Act and Rule 73 of the Probate Rules.

2. That summons is dated 18th Day of August, 2023 and filed on 31st day of August, 2023 by the firm of Munene Chege & Co. Advocates.

3. The Petitioner/Applicant (Elizabeth Kabura Thiong’o) who is the widow and administrator of the Estate of the deceased herein, seeks that the grant confirmed on 1st day of October, 2018 be rectified to include some two properties of the deceased erroneously left out being.{{>#argumentspara_1 1}}.Safaricom shares. {{>#argumentspara_2 2}}.Bahati/Bahati Block1/1974.

4. In support of that summons is the affidavit she swore on 18th day of August, 2023 whereby she indicated that the mode of distribution should be rectified to reflect that:-{{>#argumentspara_1 1}}.Nancy Catherine Gathoni Mwaniki should inherit Safaricom shares. 2. Martin Ngugi Njoroge who was a purchaser for value should inherit Bahati/Bahati Block 1/1974.

5. Attached to this affidavit is a consent signed by the beneficiaries as a confirmation of their agreement to that rectification.

6. This court also had an opportunity to see and hear all the beneficiaries herein confirming that position.

7. There being no disagreement the grant confirmed on 1st October, 2018 be and is hereby rectified as agreed.

8. This court commends the beneficiaries for cohesion in their family.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 29TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Ms Achieng for Mr Chege for the Applicant.Beneficiaries.Ruto, Court Assistant