Rule 42 of The Probate and Administration Rules: Sealing of grant issued in another country
(1) An application under section 77 of the Act for the sealing of a grant issued by a court or other authority of a Commonwealth country or other country to which that section applies shall be made to the principal registry or to the Mombasa registry by the person to whom the grant was made or by his attorney empowered in writing to apply on his behalf.
(2) Every such application shall be brought by petition in Form 81 or 82 supported by affidavit in Form 7 and shall be dealt with by a judge of the High Court.
(3) There shall be produced on every such application either—
(a) the original grant; or
(b) a duplicate of the grant sealed with the seal of the court or other authority which issued the grant; or
(c) a copy of the grant certified by or on behalf of such court or authority; or
(d) the original power of attorney (if any) in exercise of which the application is made.
(4) There shall be filed in the registry with every such application—
(a) a certificate from the Estate Duty Commissioner either to the effect that all estate duty payable to him has been or will be paid or to the effect that no such duty is payable, or alternatively such evidence as the registrar shall require that no such duty is payable;
(b) true copies of the instruments produced under subrule (3);
(c) unless the registrar otherwise directs, a full inventory of the assets and liabilities of the estate of the deceased in Kenya;
(d) such evidence (if any) as the court may require as to the domicile of the deceased; and
(e) such proof (if any) as the registrar may require of or in relation to the death of the deceased.
(5) Where it is sought to seal a grant of representation issued in another country the court may on the application of a creditor require the applicant to give, within a time to be limited and in accordance with section 77(c) of the Act, adequate security in Form 58 specifically for the payment of debts due from the estate to creditors residing within the jurisdiction.
(6) The registrar shall cause to be inserted in the Gazette and to be exhibited conspicuously in the courthouse attached to the registry a notice in Form 71 of the application for the sealing, inviting objections thereto to be made known to that registry within a period to be specified in the notice of not less than thirty days from the date of such respective publications.
(7) At the expiry of the notice, if there is no objection and all the necessary requirements have been complied with, the court may make an order for sealing the grant.
(8) A limited or temporary grant may be sealed only upon the filing of a certificate from the issuing court or authority that the grant to be sealed is, on the date of application, still valid and in force.
(9) Every grant lodged for sealing shall include or be accompanied by a copy of any will to which the grant relates certified as correct by or under the authority of the court or authority by which the grant was made, which copy shall be filed in the registry.
(10) If prior to the expiration of the notice referred to in subrule (5) an objection in writing has been filed in the registry through which the application for sealing is made, the registrar shall forthwith submit the objection to the court for directions whereupon the court shall require the objector within a time to be limited to file evidence by affidavit in support of the objection, in default of which the objection shall be deemed to have been withdrawn:Provided that the judge may for reasons to be recorded extend such time prior to its expiration.
(11) Where an objector has filed his objection and affidavit as required by subrule (10) the court shall give directions for the hearing of the objection.
(12) On sealing a grant the registrar shall endorse on the grant under the seal of the High Court a certificate confirming that the grant has been sealed for use within Kenya by an order of the High Court and giving the date of the order.
(13) The registrar shall send notice in Form 72 of the sealing to the court or authority which made the grant.
(14) Where notice is received in the principal registry of the sealing in another country of a Kenya grant, notice of any amendment or revocation of the grant shall forthwith be sent by the principal registrar to the court by which it was sealed.
(2) Every such application shall be brought by petition in Form 81 or 82 supported by affidavit in Form 7 and shall be dealt with by a judge of the High Court.
(3) There shall be produced on every such application either—
(a) the original grant; or
(b) a duplicate of the grant sealed with the seal of the court or other authority which issued the grant; or
(c) a copy of the grant certified by or on behalf of such court or authority; or
(d) the original power of attorney (if any) in exercise of which the application is made.
(4) There shall be filed in the registry with every such application—
(a) a certificate from the Estate Duty Commissioner either to the effect that all estate duty payable to him has been or will be paid or to the effect that no such duty is payable, or alternatively such evidence as the registrar shall require that no such duty is payable;
(b) true copies of the instruments produced under subrule (3);
(c) unless the registrar otherwise directs, a full inventory of the assets and liabilities of the estate of the deceased in Kenya;
(d) such evidence (if any) as the court may require as to the domicile of the deceased; and
(e) such proof (if any) as the registrar may require of or in relation to the death of the deceased.
(5) Where it is sought to seal a grant of representation issued in another country the court may on the application of a creditor require the applicant to give, within a time to be limited and in accordance with section 77(c) of the Act, adequate security in Form 58 specifically for the payment of debts due from the estate to creditors residing within the jurisdiction.
(6) The registrar shall cause to be inserted in the Gazette and to be exhibited conspicuously in the courthouse attached to the registry a notice in Form 71 of the application for the sealing, inviting objections thereto to be made known to that registry within a period to be specified in the notice of not less than thirty days from the date of such respective publications.
(7) At the expiry of the notice, if there is no objection and all the necessary requirements have been complied with, the court may make an order for sealing the grant.
(8) A limited or temporary grant may be sealed only upon the filing of a certificate from the issuing court or authority that the grant to be sealed is, on the date of application, still valid and in force.
(9) Every grant lodged for sealing shall include or be accompanied by a copy of any will to which the grant relates certified as correct by or under the authority of the court or authority by which the grant was made, which copy shall be filed in the registry.
(10) If prior to the expiration of the notice referred to in subrule (5) an objection in writing has been filed in the registry through which the application for sealing is made, the registrar shall forthwith submit the objection to the court for directions whereupon the court shall require the objector within a time to be limited to file evidence by affidavit in support of the objection, in default of which the objection shall be deemed to have been withdrawn:Provided that the judge may for reasons to be recorded extend such time prior to its expiration.
(11) Where an objector has filed his objection and affidavit as required by subrule (10) the court shall give directions for the hearing of the objection.
(12) On sealing a grant the registrar shall endorse on the grant under the seal of the High Court a certificate confirming that the grant has been sealed for use within Kenya by an order of the High Court and giving the date of the order.
(13) The registrar shall send notice in Form 72 of the sealing to the court or authority which made the grant.
(14) Where notice is received in the principal registry of the sealing in another country of a Kenya grant, notice of any amendment or revocation of the grant shall forthwith be sent by the principal registrar to the court by which it was sealed.
Check the current authoritative text and amendment history before relying on this provision.