REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT NAKURU SUCCESSION CAUSE E196 OF 2021 A. P. NDEGE; SPM IN THE MATTER OF THE ESTATE OF SAMWEL NGUGI KIHIKO ALIAS SAMWEL MUTURI KIHIKO (DECEASED) PETER KIHIKO MUTURI………………………. ……………………………………………. APPLICANT RULING 1. Before the court is a Summons Application dated 22/09/2025 where the Applicant prays for an order that the Certificate of Confirmation of Grant issued by this Honorable Court on 19/07/2022 be reviewed to allow for individual ownership of L. R. No. Rongai/ Rongai Block 1/ 1561, and that costs be in the cause. 2. The application is anchored on the 2 grounds on its face, and is supported by the Affidavit of PETER KIHIKO MUTURI, the applicant, sworn on 22/09/2025. The Applicant is the Administrator of the estate of the deceased having been issued
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republicofkenyainthechiefmagistrate’scourtofkenyaatnakurusuccessioncausenoe196of2021apndegespminthematter oftheestateofsamwelngugikihikoaliassamwelmuturikihikodeceasedpeterkihikomuturiapplicant with the grant of letters of Administration on 17/08/2021. According to the Applicant, the beneficiaries decided against joint ownership and settled on individual portions. That the subdivision has already been done accordingly by a surveyor. 3. Though the application is titled as one for rectification, I do find that it is actually one for revision which shall lead to the redistribution of the estate herein. As held by Ogola, J., in IN RE ESTATE OF JOHN NGACHA NG'ANG'A (DECEASED) [2023] KEHC 19462 (KLR), whereas rectification as provided for under section 74 of the Law of Succession Act is restricted to corrections of errors in the grant as to the names or descriptions of any person or thing or as to the time or place of the death of the deceased, revision is much broader, and may include addition of new properties to the estate or the redistribution of the estate as sought for herein. I thus do hereby find the application herein merited, and I thus do hereby allow it as prayed. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 28th DAY OF…July…2026. Page 2 of 3
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republicofkenyainthechiefmagistrate’scourtofkenyaatnakurusuccessioncausenoe196of2021apndegespminthematter oftheestateofsamwelngugikihikoaliassamwelmuturikihikodeceasedpeterkihikomuturiapplicant ALOYCE-PETER-NDEGE SENIOR PRINCIPAL MAGISTRATE Ruling delivered online the presence of: …………n/a………………………………for the Applicant ………………n/a…………………………Court Assistants Applicant: n/a Beneficiaries:n/a Page 3 of 3
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