In re Estate of M'Thuranira Karauri (Deceased) (Succession Cause 2 of 2018)  KEHC 16659 (KLR) (21 December 2022) (Ruling)
Neutral citation:  KEHC 16659 (KLR)
Republic of Kenya
Succession Cause 2 of 2018
TW Cherere, J
December 21, 2022
IN THE MATTER OF THE ESTATE OF M’THURANIRA KARAURI alias THURANIRA KARAURI (DECEASED) AND IN AN APPLICATION FOR RECTIFICATION OF THE GRANT
In the matter of
Joel Kithinji M’Inoti
Francis Gikundi M’Inoti
1.I have considered the summons for rectification dated October 11, 2022 in the light of the supporting affidavit and further affidavit sworn on October 11, 2022 and December 9, 2022 respectively and annexures thereto.
2.Rectification of grants is provided for in section 74 of the Law of Succession Act, Cap 160, Laws of Kenya and rule 43(1) of the Probate and Administration Rules. Section 74 provides as follows:74.Errors may be rectified by court:Errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.”Rule 43(1) provides as follows:
3.From the language of section 74 of the Law of Succession Act and rule 43(1) of the Probate and Administration Rules, the scope of rectification of grants of representation is limited to errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant. I may add that such other minor errors in that genre could also be rectified.
4.Other major or substantial issues should be addressed through application for review of judgment or appeal. See In the matter of the estate of Geoffrey Kinuthia Nyamwinga (deceased)  eKLR where the court stated;
5.In the matter of the estate of Hasalon Mwangi Kahero  eKLR, the court stated:
6.In this case the applicants seek to correct errors concerning description of some assets which I find is merited in terms of section 74 of the Law of Succession Act, Cap 160 and rule 43(1) of the Probate and Administration Rules and it is thus allowed.
DATED AT MERU THIS 21 ST DAY OF DECEMBER 2022WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Riungu for A.G. Riungu & Co Advocates