1.By a ruling dated October 30, 2018, Gikonyo J. directed that the Certificate of Confirmation dated October 23, 2008 be amended by thereby reducing the share for the Applicant from 12 acres to 8 ½ acres and increasing the share for the Respondent from 1 acre to 2 ½ acres.
2.Consequently, a Rectified Certificate of Confirmation of Grant dated December 20, 2018 was issued distributing the estate as ordered by the acres in acres and not in hectares.
3.I have considered the summons dated 0October 2, 2019 and filed on October 4, 2019 in which the Applicant seeks rectification of the grant dated December 20, 2018 to reflect her share as 4.02 Ha and not 8 ½ acres. The application is supported by an affidavit sworn by the Applicant on 0October 2, 2019 in which she avers that she commissioned a surveyor whose report shows that she occupies more than 8 ½ acres distributed to her. These averments are reiterated in Applicant’s further affidavit sworn on November 16, 2022.
4.By her Replying affidavits worn on June 12, 2021, Respondent opposes the summons and avers that the court having reduced Applicant’s share to 8.5 acres, her share ought to have been 3 ½ acres and not 2 ½ acres. Respondent therefore prays that the grant be rectified distributing 3 ½ acres to her.
Analysis and determination
5.I have considered the application in the light of the affidavits on record and annexures thereto and the question to be answered is whether the rectification sought is merited.
7.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.
8.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;The law on rectification or alteration of grants is Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules……. What these provisions mean is that errors may be rectified by the court where they relate to names or descriptions, or setting out of the time or place of the deceased’s death. The effect is that the power to order rectification is limited to those situations, and therefore the power given to the court by these provisions is not general…….
10.In this case Applicant and Respondent seek to alter the acreage of the estate distributed to them. Such a rectification does not in my considered view fall within the ambit of section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules and is therefore unmerited.
11.Further to the foregoing, I notice that it is over 4years down the line since the Rectified Certificate of Confirmation of Grant dated 20th December, 2018 was issued yet the estate remains undistributed.
12.Section 83 of the Law of Succession Act Cap 63 Laws of Kenya which provides that: (g)within six months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration.
13.The Applicant who is the administrator of the estate is herein warned that this court will not hesitate to exercise its powers under Section 76 of the Law of Succession which includes revocation of the grant if she does not proceed diligently with the administration of the estate.
14.It is therefore hereby ordered as follows:1.The summons dated 0October 2, 2019 and filed on October 4, 2019 seeks rectification of the grant dated December 20, 2018 is without merit and it is disallowed2.The Applicant/Administrator is directed to complete the administration of the estate within 60 days from today’s date3.Mention on July 20, 2023 to confirm distribution4.Costs shall be borne by the Applicant