In Re The Matter of John Kiarie Wagacha (Deceased) [2013] KEHC 6267 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

SUCCESSION CAUSE NO: 229 OF 1993

IN THE MATTER OF THE ESTATE OF JOHN KIARIE WAGACHA  (DECEASED)

RULING

The application dated 22nd October 2012 seeks rectification of certificate of confirmation so as to incorporate assets that had been left out.  The assets in question are shares in the Kenya Commercial Bank Ltd and the Standard Chartered Bank Kenya Limited.  Relevant documents have been attached to the application.

When the matter initially came up before me on 5th February 2012, I directed that the survivors of the deceased ought to consent to the rectification application since there was an element of distribution involved.  A consent signed by the children of the deceased has been filed, dated 5th March 2013.

I hereby review the orders made on 23rd October 2001 confirming the grant and distributing the estate of the deceased, so as to include the two assets that had been left out then and to allot them to Hannah Wanjiru Kiarie.  A fresh certificate of confirmed grant shall issue accordingly.  Costs in the cause.

DATED, SIGNED and DELIVERED AT NAIROBI THIS 27th DAY OF June 2013.

W.M. Musyoka

JUDGE