CERTIFICATE OF URGENCY

I, LAWRENCE KINUTHIA, an advocate of the High Court of Kenya practicing as such in the name
and style of L.M. Kinuthia & Associates Advocates in Nairobi do hereby certify that the application
hereof is extremely urgent and should be heard with all due haste in that the certificate of confirmation of
grant was confirmed on 23rd June 1995 and that one of the beneficiaries is deceased hence need to be
rectified and have him replaced to finalize distribution of property of the Estate of the deceased which is
remaining regarding SHARES IN KENYA BREWERIES and the urgency is that;-

1. THAT this is a very old matter and that the certificate of confirmation of grant was confirmed
on 23rd June 1995 and that one of the beneficiaries namely MWANGI NGOCHI is deceased
hence need to be rectified and have him replaced with SIMON NGOCHI MUKURIA in the
schedule of description of property of the Estate of the deceased to finalize distribution of the
Estate of the deceased which is remaining regarding SHARES IN KENYA BREWERIES
since the rest of properties have been distributed to the respective heirs accordingly.

2. THAT I have come before this Honourable Court with due haste and humbly request that the
prayers I have sought be granted as prayed hence I pray.

DATED at Nairobi this……............ day of ............................................. 2022.

L.M. KINUTHIA & ASSOCIATES

ADVOCATES FOR THE APPLICANT

DRAWN & FILED BY:-

L.M. KINUTHIA & ASSOCIATES
ADVOCATES
DEVELOPMENT HOUSE, 2ND FLOOR
P.O. BOX 8383-00300
NAIROBI.

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 651 OF 1993

IN THE MATTER OF THE ESTATE OF NGOCHI WA MACHARIA

(DECEASED)

Form 110 (r.40(1)

SUMMONS FOR RECTIFICATION OF GRANT

(Under Section Order 74 Law of Succession Act and
Rule 43 Probate and Administration Rules)
LET ALL PARTIES concerned attend the Judge in Chambers on the day of 2022 at 9.00
am or soon thereafter for the hearing of an application on the part of the administrators of the estate of
NGOCHI WA MACHARIA who died on the 5th June 1992.
FOR ORDERS:-

1. THAT the certificate of confirmation of grant issued to JOHN MUKURIA NGOCHI on 23rd
June 1995 be rectified in the following respects as provided for by rule 43 (1) of the Probate and
Administration Rules:

2. THAT one SIMON NGOCHI MUKURIA be included on the schedule of description of

properties as a beneficiary in SHARES IN KENYA BREWERIES.

3. That costs for this application be provided for.

WHICH APPLICATION is grounded upon the affidavit of JOHN MUKURIA NGOCHI filed
herewith, the nature of the case, the reasons to be offered and on the reason that the said name of
beneficiaries had appeared on the list of assets of the deceased.

Dated at NAIROBI this day of 2022.

JOHN MUKURIA NGOCHI ……….………………………..

APPLICANT

ISSUED on the day of 2022

………………………………
DEPUTY REGISTRAR

DRAWN & FILED BY

JOHN MUKURIA NGOCHI
P.O BOX 12302
NAIROBI

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 651 OF 1993

IN THE MATTER OF THE ESTATE OF NGOCHI WA MACHARIA

(DECEASED)

AFFIDAVIT IN SUPPORT OF SUMMONS FOR RECTIFICATION OF CERTIFICATE OF

CONFIRMATION OF GRANT

I, JOHN MUKURIA NGOCHI of P.O BOX 12302 Nairobi being the administrator of the estate of
the above named NGOCHI WA MACHARIA make oath and state as follows:-
1. THAT A certificate of confirmation of grant was confirmed by this Honorable Court on 23 rd June
1995.

2. THAT during confirmation of grant MWANGI NGOCHI and JOHN MUKURIA NGOCHI were
listed as beneficiaries in SHARES IN KENYA BREWERIES which they shared equally but one
MWANGI NGOCHI has since died who died on 30th march 2017 and I pray that his name be
replaced with one SIMON NGOCHI MUKURIA and the same be included on the schedule of
description of properties as a beneficiary in SHARES IN KENYA BREWERIES.

3.
NAME OF HEIRS SCHEDULE OF SHARES OF
DESCRIPTION OF HEIRS
PROPERTY
JOHN MUKURIA NGOCHI
PARCEL OF LAND IN
MWANGI NGOCHI MURANGA 3 ACRES EQUAL SHARES
PLOT NO. 308
STANLEY THAIRU NGOCHI

CHARLES KARIUKI NGOCHI

JOHN MUKURIA NGOCHI SHARES IN BREWERIES EQUAL SHARES

SIMON NGOCHI MUKURIA

STANLEY THAIRU NGOCHI SHARES IN B.A.T EQUAL SHARES

CHARLES KARIUKI NGOCHI

JOHN MUKURIA NGOCHI EQUAL SHARES

ACCOUNT IN H.F.C.K
MWANGI NGOCHI SAVINGS ACCOUNT AND
KENYA COMMERCIAL BANK
STANLEY THAIRU NGOCHI

CHARLES KARIUKI NGOCHI

4. THAT the said certificate of confirmation of grant confirmed by this Honorable Court on 23 rd June
1995 need to be rectified to include the information which was not captured as on number (2) above.

5. THAT it is desirable that the above amendments be rectified by this Honourable Court and include
one SIMON NGOCHI MUKURIA to enable the completion of the Estate of the deceased in regard
to SHARES IN KENYA BREWERIES which is the only remaining to distributed and which
rectification has been occasioned by the death of MWANGI NGOCH. Annexed is a copy of the
death certificate MWANGI NGOCH and the identity card of SIMON NGOCHI MUKURIA JMK-
1” marked as annexture.

6. THAT the facts herein deponed to is known to me.

SWORN by the said on………………day…………………… 2022

At NAIROBI by the said:

JOHN MUKURIA NGOCHI }……………………………………

DEPONENT

BEFORE ME:

COMMISSIONER OF OATHS

JOHN MUKURIA NGOCHI

P.O BOX 12302
NAIROBI

(r.40(8)
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 651 OF 1993

IN THE MATTER OF THE ESTATE OF NGOCHI WA MACHARIA

(DECEASED)

CONSENT TO SUMMONS FOR RECTIFICATION OF GRANT

We the undersigned dependants within the meaning of Section 29 of Law of Succession Act of the above
named NGOCHI WA MACHARIA (or a person who might be beneficiary entitled to participate in the
estate of the above named NGOCHI WA MACHARIA who died 5th June 1992 do hereby consent to
summons for rectification of confirmation of grant confirmed by this Honorable Court on 23rd June 1995.

NAME OF HEIRS SCHEDULE OF SHARES OF

DESCRIPTION OF HEIRS
PROPERTY
 JOHN MUKURIA NGOCHI
MWANGI NGOCHI PARCEL OF LAND IN
STANLEY THAIRU NGOCHI MURANGA 3 ACRES EQUAL SHARES
CHARLES KARIUKI NGOCHI PLOT NO. 308

JOHN MUKURIA NGOCHI SHARES IN BREWERIES EQUAL SHARES

SIMON NGOCHI MUKURIA

STANLEY THAIRU NGOCHI SHARES IN B.A.T EQUAL SHARES

CHARLES KARIUKI NGOCHI

JOHN MUKURIA NGOCHI EQUAL SHARES

MWANGI NGOCHI ACCOUNT IN H.F.C.K
STANLEY THAIRU NGOCHI SAVINGS ACCOUNT AND
CHARLES KARIUKI NGOCHI KENYA COMMERCIAL BANK

DATED THIS ………………………………..DAY …………………………………….2022

Names and signatures of beneficiaries ID NOS. Signatures

1. JOHN MUKURIA NGOCHI 4853993 ………………………...

2. STANLEY THAIRU NGOCHI 7199708 …………………………

3. CHARLES KARIUKI NGOCHI 8582067 …………………………

Signed by above named persons

In the presence of

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 651 OF 1993

IN THE MATTER OF THE ESTATE OF NGOCHI WA MACHARIA

(DECEASED)

CERTIFICATE OF CONFIRMATION OF GRANT

I HEREBY CERTIFY that the above written grant represented to the estate of NGOCHI
WA MACHARIA issued to JOHN MUKURIA NGOCHI therein was on 23rd June
1995 confirmed by the court pursuant to the Provisions of Section 71 of the Law of
succession Act as per the Schedule hereto.
DATED at Nairobi this 26TH day of JUNE 1995.

RECTIFIED at Nairobi this……............ day of ......................................... 2022.

………………………………………………….
JUDGE OF THE HIGH COURT OF KENYA
AT NAIROBI