Automated Summary
Key Facts
Peter Kimani Thuku died intestate on April 22, 2008. A grant of letters of Administration intestate was issued on December 16, 2014 to Susan Njeri Kimani, Mirica Wamaitha Kimani, and Florence Wanjiku Njoroge, later confirmed on October 11, 2016. The Applicant, Florence Wanjiku Njoroge, discovered a new property (Title No Tigoni/Tigoni/Block 1/3675, 0.0380 Ha) belonging to the deceased's estate after the grant confirmation. The court ruled in favor of reviewing the confirmed grant to include this newly discovered asset for proper distribution to beneficiaries.
Deceased Name
Peter Kimani Thuku
Issues
Whether a confirmed grant of letters of administration can be reviewed to include a newly discovered property of the deceased, which was not known at the time of confirmation, under Order 45 of the Civil Procedure Rules and Rule 73 of the Probate and Administration Rules.
Date of Death
2008 April 22
Holdings
The court allowed the review of the confirmed grant to include a newly discovered property of the deceased, as the applicant satisfactorily demonstrated that the property (Title No Tigoni/Tigoni/Block 1/3675) belonged to the estate. The ruling is based on the court's inherent jurisdiction under Rule 73 of the Probate and Administration Rules and Order 45 of the Civil Procedure Rules, which permits review when new evidence is discovered post-grant confirmation.
Remedies
The court allowed the application to review the confirmed grant issued to the administrators, including a subsequently discovered property (Title No Tigoni/Tigoni/Block 1/3675) in the estate's administration. The review was granted under the discovery of new evidence, and costs were awarded in the cause.
Will Type
Intestacy
Probate Status
Confirmed grant under review to include newly discovered property
Legal Principles
The court's inherent power to review orders under Rule 73 of the Probate and Administration Rules when new evidence is discovered after confirmation of a grant.
Succession Regime
Common-Law Intestacy under Kenya's Probate and Administration Rules
Precedent Name
In re Estate of Kanyingi Gatwe (Deceased)
Executor Name
- Mirica Wamaitha Kimani
- Florence Wanjiku Njoroge
- Susan Njeri Kimani
Cited Statute
- Civil Procedure Rules
- Probate and Administration Rules
Executor Appointment
Administrator
Judge Name
EKO OGOLA
Passage Text
- Annexed to the amended summons is a copy of the certificate of official search showing that the property is registered in the name of the deceased.
- "Nothing in these rules shall limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court."
- "Where property is discovered after confirmation, the parties have a window to go back to Court with an application for review for the confirmation of the grant to be reconsidered within the same cause."