Rule 29 of The Probate and Administration Rules: Court may require to be satisfied as to solvency of administrator

(1) In the exercise of its discretion as to the person to be appointed an administrator (with or without the will annexed) the court shall endeavour to satisfy itself as to the financial solvency of such person and, having regard to the nature and extent of the estate of the deceased likely to come to his hands, as to the probability of his being able property to complete the administration of the estate.
(2) For the purpose of subrule (1) the court may require the proposed administrator to furnish an affidavit in Form 12 as to his means.
(3) As a condition of granting letters of administration (whether with or without the will annexed) the court may, for reasons to be recorded and subject to the following provisions of this rule, require one or more sureties to guarantee that they will make good, within any limit imposed by the court pursuant to subrule (8) on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.
(4) A guarantee given in pursuance of any such requirement shall take effect for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.
(5) Every guarantee shall be in Form 56, 57 or 58, as the case may be, and no action shall be brought on any such guarantee without the leave of the High Court previously obtained.
(6) This rule shall not apply where administration is granted to the Public Trustee or to a widow of the deceased or, except in special circumstances and for reasons to be recorded, where it is granted to—
(a) a trust corporation;
(b) an advocate of the High Court holding a current practising certificate who has never (save at his own request) been struck off the roll of advocates or suspended from practising as an advocate;
(c) a public officer acting in his official capacity;
(d) a person specifically authorized in writing by a Government Department to apply for administration and to act as such administrator if appointed;
(e) the attorney of an executor who is absent from Kenya, there being no executor within Kenya who is willing to act, for the use and benefit of his principal and limited until such principal shall obtain probate or letters of administration granted to himself.

(7) Except where the surety is a corporation, the signature of the surety on every such guarantee shall be attested by an advocate or by a commissioner for oaths or other person authorized by law to administer an oath.
(8) Unless the court otherwise directs—
(a) a guarantee shall be given by two sureties, except where either the gross value of the estate does not exceed Sh. 10,000 or a corporation is a proposed surety, and in such cases one surety shall suffice;
(b) no person shall be accepted as a surety unless he or it is ordinarily resident in Kenya;
(c) no officer of a registry shall be accepted as a surety;
(d) the liability of the surety or sureties under a guarantee shall be such sum as the court thinks fit but shall not exceed the gross amount of the estate as sworn on the application for the grant: Provided that the court may in any case where the gross amount has in its opinion been underestimated require that before confirmation of the grant the amount of the guarantee shall be increased to such amount as it thinks fit;
(e) every surety, other than a corporation, shall justify in Form 11.
(9) Where the proposed surety is a corporation there shall be filed an affidavit by the proper officer of the corporation to the effect that it has power to act as surety and has executed the guarantee in the manner prescribed by its constitution, and containing sufficient information as to the financial position of the corporation to satisfy the registrar that its assets are sufficient to discharge all claims which may be made against it under any guarantee which it has given or is likely to give for the purposes of these Rules: Provided that the court may, instead of requiring an affidavit in every case, accept an affidavit made not less often than once in every year together with an undertaking by the corporation to notify the court forthwith in the event of any alteration in its constitution affecting its power to become a surety under these Rules.