1.What is before this court is the summons for rectification of grant dated March 7, 2023. The administrator of the estate of the late Charles Njuguna Thamani, one Mr Paul Muiruri Gichuiya prays for the following:-
2.The summons are supported by the sworn affidavit of Paul Muiruri Gichuiya. He deposed that the co-administrator of the estate Simon Munyua Njuguna passed away on August 25, 2021, hence it is necessary for his name to be removed from the grant and substituted with Ephraim Gichuiya Njuguna. Further to this, other beneficiaries of the estate have passed away and their dependents request for the deceased property to be redistributed amongst them.
3.I have considered this summons for rectification of grant and the affidavits in support thereto. Rectification of grants is provided for by section 74 of the Law of Succession Act, cap 160, Laws of Kenya which provides as follows:-
5.From the aforementioned provisions, rectification is allowed in order to correct a misdescription of a property or to correct a name which has not been fully or properly described in the grant.
6.I have perused the amendments intended to be made and the rectifications sought to be made by this summons. The amendments sought to be made are central and far reaching as it is proposed to replace the beneficiaries of the estate. There is intention to alter not only the beneficiaries to the estate but also the mode of distribution of the estate. This is not what was envisaged by section 74. Rectification of a grant is only permissible to cure minor errors, mistakes and irregularities in the grant. Rectification cannot be used to fundamentally alter the character of the grant.
7.The upshot is that the summons for rectification of grant dated March 7, 2023 lack merit and is dismissed in its entirety.
8.The administrator has the option to apply for a review of the confirmed grant under order 45 of the Civil Procedure Rules.
9.Cost of the application be in the cause.It is so ordered.