REPUBLIC OF KENYA

IN CHIEF MAGISTRATE’S COURT AT MOMBASA

SUCCESSION CAUSE NO.E005 OF 2020.
IN THE MATTER OF THE ESTATE OF: WILLIES MURIGU MUYA(DECEASED)
-And-
IN THE MATTER OF: KAGENDO MURIGU ( ADMINISTRATOR)

SUMMONS FOR RECTIFICATION OF CERTIFICATE FOR CORNF IRMATION

OF GRANT
(Under Section 74 and Rule 43(1) (2) of the Law of the Probate & Administration Rules
Cap 160 Laws of Kenya)

LET ALL PARTIES CONCERNED attend the Honourable Court on the day of
2022
at 8.30 O’clock in the forenoon or soon thereafter for the hearing of an application on the
Part of KAGENDO MURIGU Holders of letters of Administration intestate of the above
named estate of: WILLIES MURIGU MUYA who died on the 30th July, 2018. For
ORDERS;-

1. THAT the Certificate of confirmation of grant made to the beneficiaries

on the 20th June, 2022 be rectified to indicate the Assets of the deceased refered
herein UNSURVEYED LAND AT NARO MORU IN NYERI COUNTY &
SAFARICOM SHARES under BETA GENERAL CONTRACTOR -500 &
OMEGA TRANSPORTERS-500
2. That costs of the application be in the cause.
WHICH APPLICATION is supported by the annexed affidavits of KAGENDO MURIGU
and on the grounds listed and other ground to be adduced at the hearing of this application.
GROUNDS:-
1. THAT the administrator herein obtained certificate of Confirmation of grant on the
20th June ,2022 .

2. THAT inadvertently during typing of the Certificate dated 20th June ,2022 at the
Registry the deceased Asset herein Unserveyed Land at NARO MORU in NYERI
COUNTY was Omitted and the beneficiaries agreed NOT TO BE DISTRIBUTED
BUT JOINTLY OWNED BY ALL BENEFICIARIES .
3. THAT the applicant omitted Deceased SAFARICOM SHARES which were under
Beta General Contractors and Omega Transporters thus there is need for the grant be
rectified and the same should be own jointly by all Beneficiaries.
 4. THAT this Honourable court bestowed with powers under Section 74 and Rule 43(1)
(2) Succession Act CAP 160, to rectify any errors that inadvertently may have arisen.

5. THAT it is therefore imperative that the Orders sought be granted forthwith ex debito
justiciae.
Dated at Mombasa this day of 2022

KHAMINWA & KHAMINWA

ADVOCATES FOR THE ADMINISTRATOR/APPLICANT

DRAWN & FILED BY:-

M/S KHAMINWA & KHAMINWA ADVOCATES,
GERMAN LANGUAGE BUILDING
MNAZI MOJA ROAD
P.O. BOX 89447-80100,
MOMBASA.
TEL: 0715-441-044
email: khaminwaadvocatesk@gmail.com
 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA
SUCCESSION CAUSE NO. E005 OF 2020.
IN THE MATTER OF THE ESTATE OF: WILLIES MURIGU MUYA (DECEASED)
-And-
IN THE MATTER OF: * KAGENDO MURIGU (ADMINISTRATOR)

AFFIDAVIT IN SUPPORT OF RECTIFICATION OF CERTIF

ICATE FOR CONFIRMATION OF GRANT DATED 20TH DAY OF JUNE,2022
I, KAGENDO MURIGU of Post Office Box No.90764-80100, Mombasa within the
Republic of Kenya and the Administrator of the Estate of WILLIES MURIGU MUYA do
hereby make oath and state as follows;
1. THAT a grant of letters of Administration of the said Estate was made on
the 11th November,2021 and letter the certificate of Confirmation of grant was made
on 20th June 2021(I hereby attach and Mark KM -1 copies of grant and certificate of
Confirmation of grant)

2. THAT the beneficiaries digested and agreed that the estate be jointly owned by the
Beneficiaries whereas we signed a consent to that effect which consent is in the court
record.

3. THAT the said grant was confirmed on the 24th May, 2022 and Issued on the 20th
June ,2022 but erroneously the some of deceased Assets were omitted during typing
process.

4. THAT I therefore crave this honourable court to rectify the Omission and include the
deceased Assets here in Unserveyed Land at NARO MORU in NYERI COUNTY and
also SAFARICOM SHARES under Beta general Contractor-500share and Omega
Transporters -500 share JOINTLY OWNED BY THE BENEFICIARIES

5. . THAT what is deponed herein is true to the best of my knowledge, information and
belief.

SWORN by the said )

KAGENDO MURIGU at Mombasa
This………day of………………………...2022 )________________________________
) DEPONENT

BEFORE ME
 )
COMMISSIONER FOR OATHS )

DRAWN & FILED BY:-

KHAMINWA & KHAMINWA ADVOCATES
GERMAN LANGUAGE BUILDING
MNAZI MOJA ROAD,
P.O. BOX 89447-80100
MOMBASA
email;khaminwaadvocatesk@gmail.com