Grants in Kenya

Why is a Grant Necessary?

Without a grant:

• You cannot legally access the deceased’s bank accounts, land, or transfer property.
• Institutions (like banks, land registries, insurance companies) require a court grant before releasing or transferring assets.

Where is it issued?

• Probate and Administration Division of the High Court of Kenya, or
• Magistrate’s Court (for estates below a certain value, currently KES 3 million as per recent regulations).

Example:

If John dies leaving land and money in the bank:

• If he had a will: his executor applies for grant of probate.
• If no will: his wife or child applies for grant of letters of administration.

Here’s an enhanced overview on revoking a grant of representation (probate or letters of administration) in Kenya, incorporating the AWK Advocates link you shared:

Legal Basis: Section 76, Law of Succession Act (Cap. 160)

Under Section 76, a court may revoke a grant—whether confirmed or not—if it finds one or more of the following grounds: hg.org+8sheriaplex.com+8kenyalaw.org+8

• Defective proceedings: Procedural irregularities, invalid will, or failure to hear objections.
• Fraud: Grant obtained by false statements or concealment of key facts.
• Untrue essential allegation: Even if made innocently.
• Failure in administration: Not applying for confirmation within a year, not administering diligently, or submitting false/incomplete accounts.
• Grant inoperative: Becomes useless due to changed circumstances.

Who Can Apply?

• Any interested party (e.g., a beneficiary, creditor, dependent).
• The court on its own motion (suo motu) if it identifies valid legal grounds kenyalaw.orgkenyalaw.org+3sheriaplex.com+3oraro.co.ke+3cmadvocates.com+1oraro.co.ke+1.

Jurisdiction & Procedure

1. Determine the issuing court:
   • Magistrate’s Court if it issued the grant.
   • High Court for its own grants or appeals from magistrates.
2. File a summons under Section 76 and Rule 44 of the Probate & Administration Rules, including:
   • Affidavit detailing:
     • Your interest in the estate,
     • The grant’s particulars (date, Court, etc.),
     • Specific grounds for revocation,
     • Evidence (e.g. affidavit of fraud, proof of concealment).
3. Court hearing:
   • Present your proof—documents, affidavits, witness testimonies.
   • The court exercises discretion—must be satisfied grounds exist and revocation serves justice
4. Outcome:
   • Revoked: Grant canceled; Court may issue new grant (e.g., admin de bonis non).
   • Not revoked: Summons dismissed; original grant stands.

Case Examples

• In re Estate of Mohamed Anwar Fatehdin [2025]: A summons for revocation on grounds of fraud, concealment, intermeddling—dismissed by High Court due to insufficient evidence kenyalaw.org+6new.kenyalaw.org+6cmadvocates.com+6.
• JGM (Probate Appeal 2024): High Court revoked grant for false statements and concealment of other survivors.
• Fraud and concealment cases, e.g. Epharus Nyambura Nduati, also illustrate Section 76 grounds

Step-by-Step Summary

1. Identify jurisdiction—Magistrate’s or High Court.
2. Draft and file summons under Section 76 & Rule 44.
3. Affidavit of facts: who you are, your interest, details of grant, specific grounds, evidence.
4. Attend hearing, argue your case.
5. Court’s decision: revocation with possible re-grant; or dismissal.

For More Guidance

You may find robust guidance and helpful templates on probate revocation on the AWK Advocates website. They regularly address these issues—feel free to check out their materials here:
 https://awkadvocates.co.ke/

In Conclusion

To revoke a grant in Kenya:

• Use Section 76, grounded in clear legal channels (Magistrate’s or High Court).
• Provide concrete evidence—procedural defects, fraud, concealment, administrative failure, or inoperative grant.
• Courts decide by balancing justice with interests of all beneficiaries.
• If successful, the original grant is annulled and a new one may be issued.

If you’d like help drafting the summons and affidavit, reviewing evidence, or exploring legal precedents, let me know—I’m here to support the process.