In re Estate of Kiptalam Arap Rono (Deceased) (Succession Cause 179 of 2014) [2025] KEHC 15844 (KLR) (3 November 2025) (Ruling)
Neutral citation:
[2025] KEHC 15844 (KLR)
Republic of Kenya
Succession Cause 179 of 2014
RN Nyakundi, J
November 3, 2025
IN THE MATTER OF THE ESTATE OF THE LATE KIPTALAM ARAP RONO (DECEASED)
In the matter of
Ben Kipkosgei Rono
1st Applicant
Abigael Rono
2nd Applicant
Sabina Jemutai Rono
3rd Applicant
Ruling
1.The Applicants herein filed Summons for Rectification of Grant dated 15th April 2025 brought pursuant to section 47 and 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules seeking the following orders that:a.The Grant of probate (or letters of administration intestate or with will annexed) made to the said Ben Kipkosgei Rono, Abigael Rono, Mary Pamela Jepkemboi And Sabina Jemutai Rono in this matter on 27-8-2014 and confirmed on 31-7-2015 be and is hereby rectified forthwith in the following respects: -a.The Grant of Probate (or letters of administration intestate or with will annexed) made to the said Ben Kipkosgei Rono, Abigael Rono, Mary Pamela Jepkemboi And Sabina Jemutai Rono In This Matter On 27-8-2014 And Confirmed On 31-7-2015 Be Rectified And Made To The Said Ben Kipkosgei Rono, Abigael Rono And Sabina Jemutai Rono.b.The Certificate of Confirmation issued on 31-7-2015 pursuant to the Grant of Probate (or Letters of administration intestate or with will annexed) made to the said Ben Kipkosgei Rono, Abigael Rono, Mary Pamela Jepkemboi And Sabina Jemutai Rono Be And Is Hereby Amended/rectified In The Schedule part of that certificate of confirmation to read as follows:a.Ben Kipkosgei Rono1.Land at Moiben LR NO. 2235/2 - 450 Acres2.Ford Tractor KLY 728 - Whole3.Land/plot No. 366 at Biretwo - 2.5 Acres4.Land/plot (Chepsigot) No. 2372 - 0.5 Acresb.Mary Pamela Jepkemboi – Deceased1.Land at Moiben LR NO. 2235/2 - 100 Acres2.Fiat Tractor KSL 899 - Whole3.Land/plot No. 366 at Chepsigot - 2.5 Acresc.Sabina Jemutai Rono1.Land at Moiben LR NO. 2235/2 - 100 Acres2.Land/plot No. 521 (Kapchelimo plot) *at Chepsigot (1.1 acres) - Whole3.Land/Plot No. 366 at Biretwo - 2.5 Acres4.Pick up Toyota Hillux Marron KAG 356Z - Whole5.Land at Moiben LR No. 2235/2 - 100 Acres(As the custodian and to hold in trust for and on behalf of the children of the estates of Pauline Rono (deceased) and Anne Rono deceased in equal shares of 50 Acres each).d.Abigael Rono1.Land at Moiben LR No. 2235/2 - 200 Acres2.Land/plot No. 366 at Biretwo - 2.5 Acrese.Thomas BoreLand at Moiben LR NO. 2235/2 - 50 Acresf.Gilbert MagutLand at Moiben LR No. 2235/2 - 50 Acresg.Ben Kipkosgei Misoi ID/NO 25506646Land at Moiben LR NO. 2235/2 - 22 Acresh.Reuben Biwott Suter ID/No. 9959916Land at Moiben LR NO. 2235/2 - 15 Acresi.Catholic Diocese of Eldoret (Our Lady of Queen of Apostles – Meibeki (Church) - 5 Acresj.Administrators of the Estate of the deceasedLand at Moiben LR No. 2235/2 - 100 AcresIn trust for and on behalf of themselves and the other beneficiaries of the estate of the deceased in this matter.k.Centre PlotsLand at Moiben LR No. 2235/2 - 5 Acresb.The costs of this application be in the cause.
2.The Application is grounded on the supporting annexed affidavit dated 15th April 2025 sworn by the Applicants herein who deponed as follows:a.A grant of letters of administration of the estate of the estate was made to us by this Court on the 27th day of August, 2014.b.The said grant contains errors as to the shares of the beneficiaries whose proposed shares and amendments are as follows: -a.Ben Kipkosgei Rono1.Land at Moiben LR NO. 2235/2 - 450 Acres2.Ford Tractor KLY 728 - Whole3.Land/plot No. 366 at Biretwo - 2.5 Acres4.Land/plot (Chepsigot) No. 2372 - 0.5 Acresb.Mary Pamela Jepkemboi – Deceased1.Land at Moiben LR NO. 2235/2 - 100 Acres2.Fiat Tractor KSL 899 - Whole3.Land/plot No. 366 at Chepsigot - 2.5 Acresc.Sabina Jemutai Rono1.Land at Moiben LR NO. 2235/2 - 100 Acres2.Land/plot No. 521 (Kapchelimo plot) at Chepsigot (1.1 acres) - Whole3.Land/Plot No. 366 at Biretwo - 2.5 Acres4.Pick up Toyota Hillux Marron KAG 356Z - Whole5.Land at Moiben LR No. 2235/2 - 100 Acres(As the custodian and to hold in trust for and on behalf of the children of the estates of Pauline Rono (deceased) and Anne Rono deceased in equal shares of 50 Acres each).d.Abigael Rono1.Land at Moiben LR No. 2235/2 - 200 Acres2.Land/plot No. 366 at Biretwo - 2.5 Acres3.Thomas BoreLand at Moiben LR NO. 2235/2 - 50 Acrese.Gilbert MagutLand at Moiben LR No. 2235/2 - 50 Acresf.Ben Kipkosgei Misoi ID/NO 25506646Land at Moiben LR NO. 2235/2 - 22 Acresg.Reuben Biwott Suter ID/No. 9959916Land at Moiben LR NO. 2235/2 - 15 Acresh.Catholic Diocese of Eldoret (Our Lady of Queen of Apostles – Meibeki (Church) - 5 Acresi.Administrators of the Estate of the deceasedLand at Moiben LR No. 2235/2 - 100 AcresIn trust for and on behalf of themselves and the other beneficiaries of the estate of the deceased in this matter.j.Centre PlotsLand at Moiben LR No. 2235/2 - 5 Acres
3.The said grant was confirmed on the 31st day of July, 2015.
4.The distribution of the estate is as follows: -i.Parcel Of Land At Moiben LR NO. 2235/2a.Ben Kipkosgei Rono - 450 Acresb.Mary Rono - 100 Acresc.Sabina Rono - 100 Acresd.Abigael Rono - 200 Acrese.Sabina Rono in trust for and on behalf of the estates of the late Pauline Rono and the late Pauline Rono and the late Anne Rono in equal shares - 100 Acresf.Thomas Bore - 50 Acresg.Gilbert Magut - 50 Acresh.Ben Kipkosgei Misoi - 22 Acresi.Reuben Biwott Suter - 15 Acresj.Catholic Diocese of Eldoret (Meibeki Parish Church) - 5 Acresk.Centre plots - 5 Acresii.Biretwo/chepsigot Plot No. 366a.Ben Kipkosgei Rono - Biretwo/Chepsigot Plot No. 366 - 2.5 Acresb.Mary Rono - Biretwo/Chepsigot Plot No. 366 - 2.5 Acresc.Sabina Rono - Biretwo/Chepsogot Plot No. 366 - 2.5 Acresd.Abigail Rono - Biretwo/Chepsogot Plot No. 366 - 2.5 Acresiii.Chepsigot/Kapchelimo Chepsigot A Plot No. 521 (Whole)Sabina Rono - 1.1 Acresiv.Mary Rono - Fiat Tractor Reg. No. KSL 899v.Ben Kipkosgei Rono - Ford Tractor Reg. No. KLY 728vi.Sabina Rono - Pick up Toyota Hilux Reg. No. 356 Z (Maroon)
5.The assets namely the Iten/Irong/436 (10 Acres) and the plot/land at Mombasa are left out in the administration and distribution of the estate of the deceased due to the followings: -a.The ownership documents of the plot/land at Mombasa have not yet been traced to date.b.Thomas Bore has claimed and registered in his name the Iten/Irong/436 from the estate of the deceased in whichc.the share in the plot/land at Moiben LR No. 2235/2 has been reduced or lessen by 100 Acres and distributed in terms of paragraph 2(j) of and this Affidavit.
6.It is desirable that the above errors be rectified by the court.
Analysis and Determination
7.The summons for rectification are anchored under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration rules. In exercising discretion the court is also guided by the provisions of Rule 73 (1) of the Probate and Administration Rules as read with Section 1(A), 1(B) 3 & 3(A) of the Civil Procedure Act. The scheme of rectification or amendment for that matter can also be entertained by application of the law under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules. This is essentially to address errors of fact or mistakes apparent on the face of the record against the impugned grant of letters of administration including the one which has been confirmed.
8.In the matter of rectification under Section 74 of the Law of Succession Act and Rule 43 of the Probate and administration Rules the provisions allows the court to correct minor specific errors in a grant of representation or a certificate of confirmation. The summons for rectification is restrictive in nature that it only deals with (a) errors in names of description of persons or things (b) Errors in setting forth the time and place of the deceased’s death (c) Errors regarding the purpose of a limited grant.
9.On the other hand, review jurisdiction can be intertwined by a probate court if the affidavit evidence shows existence of compelling evidence,a.There is the discovery of new and important matter or evidence, which was not within the applicants knowledge or could not be produced at the time of the grants confirmation.b.There is a mistake or error apparent on the face of the record (but the error does not fall within Section 74) orc.For any other sufficient reason
10.What is the distinction between review and rectification for a court to elect which provisions of the law is relevant to the given circumstances? In this respect, it is necessary to make reference to case law. In terms of rectification, the court in re of Omae Nyangweso (Deceased) KEHC 4924 the court held that rectification is limited to correcting errors in names, description, or minor clerical details. Introducing new assets new assets or beneficiaries must be done by applying for review or seeing a fresh confirmation of grantThe limb on review is well captured in the case of Geoffrey Kinuthia Nyamwinga (Deceased) KEHC e 3745 KLR states as follows: A grant and a certificate of confirmation of grant are court orders taking the form of a certificate. The grant is made after the court allows the petition for a grant of representation, whether it be of letters or of probate. A certificate of confirmation of grant is issued following a successful application for confirmation of the grant. The two are not pleadings, and therefore the principles which govern their rectification are not those applying to amendment of pleadings but those that apply to amendment of court orders”.“A court order made by a civil court can only be amended through a review application, and not through an application for amendment of pleadings. The Law of Succession Act does not provide for amendment of pleadings in succession causes, but it does provide amendment of grants. This is through either Section 74 of the Law of Succession Act to the extent provided in that provision, or through a review application through Order 45 of the Civil Procedure Rules. Order 45 was formerly Order XLV, which is one of the provisions of the Civil Procedure Rules imported into succession practice through Rule 63 of the Probate and Administration Rules”“Where a proposed amendment of a grant cannot be dealt with under the provisions of section 74 of the Law of Succession Act, the applicant ought to approach the court under order 44 of the Civil Procedure Rules. A review under order 44 of the Civil Procedure Rules may be sought upon discovery of new and important matter or on account of some mistake or error apparent on the face of the record, or for any sufficient reason. The applicant in this case should have moved the court under this provision – order 44 of the Civil Procedure Rules on account of some mistake or error apparent on the face of the record and on the ground that there exists a sufficient reason for review of the certificate.
11.It is settled law therefore, the review jurisdiction under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules may be exercised whenever the court the court considers that it is necessary to correct an apparent error or omission on the part of the court. The error or omission must be self-evident and should not require an elaborate argument to be established. It will not be a sufficient ground for review that another judge could have taken a different view of the matter nor can it be a ground for review that the court proceeded on an incorrect exposition of the law and of the law cannot be a ground for review ( See National Bank of Kenya Ltd Ndugu Janu (1995- 1998)
12.I have reviewed the affidavit dated 15.4.2025 sworn by Ben Kipkosgei Rono, Abigael Rono And Sabina Jemutai Rono and I am of the view that there is sufficient cause to invoke Section 80 of the Civil Procedure Act, Order 45 Rule 1 of the Civil Procedure Rules, Rule 73(1) of the Probate and Administration Rules to effect errors of fact and mistake apparent on the face of the record as herein tabulated in the table below:
| Name | Asset | Shares |
| Ben Kipkoisgei Rono | Land At Moiben Lr No 2235/2/Ford Tractor Kly 728Land/plot No 366 At Biretwo At BiretwoLand /plot (chepsigot) No 2372 | 450 AcresWhole2.5 Acres0.5 Acres |
| Mary Pamela Jepkemboi | Moiben Lr No 2235/2Flat Tractor Ksl 899Land/plot No 366 At Chepsigot | 100 AcresWhole2.5 Acres |
| Sabina Jemutai Rono | Moiben Lr No 2235/2Land/plot No 521 (kapchelimo Plot At Chepsigot (1.1 Acres)Land/plot No 366 At BiretwoPick Up Toyota Hillux Maroon Kag 356zLand At Moiben Lr No 2235/2(as The Custodian And To Hold In Trust For And On Behalf Of The Children Of The Estate Of Pauline Rono Deceased And Anne Rono Deceased In Equal Shares Of 50 Acres Each) | 100acresWhole2.5 AcresWhoLE100ACRES |
| Abigael Rono | Moiben Lr No 2235/2Land Plot No 366 At Biretwo | 200 Acres2.5 Acres |
| Thomas Bore | Land At Moiben Lr No 2235/2 | 50 Acres |
| Gilbert Magut | Land At Boiben Lr No 2235/2 | 50 Acres |
| Ben Kipkosgei Misoi I/d No 25506646 | Land At Moiben Lr No 2235/2 | 22 Acres |
| Reuben Biwott Suter Id No 995916 | Land At Moiben Lr No 2235/2Catholic Diocese Of Eldoret (our Lady Of Queen Of Apostle- Meibeki Church) | 15 Acres5 Acres |
| Administraots Of The Estate Of The Decased | Land At Moiben Lr No 2235/2 In Trust For And On Behalf Of Themselves And The Other Beneficiareis Of The Estate Of The Deceased In This Matter | 100 Acres |
| Central Plots | Land At Moiben Lr No 22235/2 | 54acres |
| Parcel Of Land At Moiben Lr No 2235/2 | ||
| Ben Kipkosgei Rono | Moiben Lr No 2233/2 | 450 Acres |
| Mary Rono | Moiben Lr No 2233/2 | 100acres |
| Sabina Rono | Moiben Lr No 2233/2 | 100 Acres |
| Abigael Rono | Moiben Lr No 2233/2 | 200 Acres |
| Sabina Rono In Trust For And On Behalf Of The Estate Of The Late Pauline Rono And The Late Anne Rono | Moiben Lr No 2233/2 | 100 Acres |
| Thomas Bore | Moiben Lr No 2233/2 | 50 Acres |
| Gilbert Magut | Moiben Lr No 2233/2 | 50 Acres |
| Ben Kipkosgei Misoi | Moiben Lr No 2233/2 | 22 Acres |
| Reuben Biwott Suter | Moiben Lr No 2233/2 | 15 Acres |
| Catholic Dioceses Of Eldoret (meibeki Parish Church) | Moiben Lr No 2233/2 | 5 Acres |
| Centre Plots | Moiben Lr No 2233/2 | 5 Acrs |
| Biretwo/chepsigot Plot No 366 | ||
| Ben Kipkosgei Rono | Biretwo/chepsigot /plot No 366 | 2.5 Acres |
| Mary Rono | Biretwo/chepsigot /plot No 366 | 2.5 Acres |
| Sabina Rono | Biretwo/chepsigot /plot No 366 | 2.5 Acres |
| Abigail Rono | Biretwo/chepsigot /plot No 366 | 2.5 Acres |
| Sabina Rono | Chepsigot/kapchelimo Chepsigot A Plot No 521 (whole) | 1.1 Acres |
| Mary Rono | Flat Tractor Reg No Ksl 899 | |
| Ben Kipkosgei Rono | Ford Tractor Reg. No Kly 728 | |
| Sabina Rono | Pick Up Toyota Hilux Reg No 356z | |
13.It is clear from the record that summons for rectification of the grant is within the threshold of the law as a subject matter of this litigation for me to exercise discretion not only to grant the remedies under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Act and Rule 43 of the Probate and Administration Rules but further on the strength of the statutory provisions under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rule. The reviewed and amended grant shall take the model the tabulated in the table formatted elsewhere in this ruling.
14.I make no orders as to costs.
GIVEN UNDR MY HAND AND THE SEAL OF THIS COURT THIS 3RD DAY OF NOVEMBER 2025…………………………………….R. NYAKUNDIJUDGE