1.By summons dated June 14, 2023, Munyi Ibiiri and Silas Kirema M’Ibiiri (1st and 3rd administrators) pray for the following orders:
Analysis And Determination
2.I have considered the summons and the supporting affidavit sworn by the 1st administrator onJune 11, 2023 together with a copy of the certificate of confirmation of grant dated October 21, 2020, copies of identity cards and consent signed by all beneficiaries except Esther Mwengwa M’Ibiri annexed thereto.
4.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.
5.The copies of identity cards reveal that the names of Benjamin Muchiri M’Ibiiri, Francis Chui M’Ibiiri, Silveria Kambura, Esther Mwengwa M’Ibiri, Esther Karimi Ibiri, David Mwirigi Kinoti and Timothy Murithi Kinoti were not correctly captured on the certificate of confirmation of grant dated October 21, 2020 and the application for rectification is in the circumstances merited.
7.This application was duly served on the 3rd administrator’s advocate Thangichia McDavid & Company Advocates on June 19, 2023. Esther has neither explained her failure to sign the transmission documents nor opposed the partitioning of the joint share between her and Dominic Kithera Memeu so that she gets 2.15 acres and Dominic Kithera Memeu 2 acres.
8.The transmission forms are necessary in facilitating the execution of the court’s order on distribution. This court has inherent powers to prevent an abuse of its process and for that reason, I find that it would be in the interest of justice that the Deputy Registrar of the court signs the transmission documents on behalf of the 3rd administrator. It has not been demonstrated that the partitioning of the share for Esther Mwengwa M’Ibiri (3rd administrator) and Dominic Kithera Memeu be so that Esther Mwengwa M’Ibiri gets 2.15 acres and Dominic Kithera Memeu 2 acres will occasion any injustice to any of the parties.
9.It is therefore hereby ordered as follows: