The Probate and Administration RulesRule 63 of The Probate and Administration Rules: Application of Civil Procedure Rules and High Court (Practice and Procedure) Rules
(1) Save as is in the Act or in these Rules otherwise provided, and subject to any order of the court or a registrar in any particular case for reasons to be recorded, the following provisions of the Civil Procedure Rules, namely Order 5, rule 2 to 34 and Orders 11, 16, 19, 26, 40, 45 and 50 (Cap. 21 , Sub. Leg.), together with the High Court (Practice and Procedure) Rules (Cap. 8, Sub. Leg.), shall apply so far as relevant to proceedings under these Rules.
(2) Subject to the provisions of the Act and of these Rules and of any amendments thereto the practice and procedure in all matters arising thereunder in relation to intestate and testamentary succession and the administration of estates of deceased persons shall be those existing and in force immediately prior to the coming into operation of these Rules.
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Where during the hearing of any cause or matter any party desires to provide evidence as to the application or effect of African customary law he may do so by the production of oral evidence or by ref…
(1) Every document other than a testamentary instrument filed in any registry shall bear at foot the name and an address for service within Kenya of the advocate or other person by whom it is presente…
Where provision is made in any rule for the filing by any person of an affidavit for a specific purpose that provision shall be construed as enabling that person in a proper case to file more affidavi…
Where any period is fixed or granted by these Rules or by an order of the court for the doing of any act or thing, the court upon request or of its own motion may from time to time enlarge such period…
Where copies of any documents lodged, filed or issued in or from a registry are required such copies may, subject to the provisions of these Rules, be obtained from the registry, and such may be photo…
The costs of all proceedings under these Rules shall be in the discretion of the court.
The forms set out in the First Schedule, with such adaptations, additions and amendments as may be necessary, shall, when appropriate, be used in all proceedings under these Rules: Provided that the C…
(1) The fees to be paid in proceedings under these Rules shall be those set out in the Third Schedule and shall be paid in cash. (2) The Chief Justice may from time to time by notice in the Gazette am…
(1) Subject to the provisions of the Act and in any particular case to any direction given by the court, these Rules shall apply to every application and proceeding which is pending on the date on whi…
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.
The Probate and Administration (Contested Suits) Rules, 1940, (G.N. 264/1940) are revoked.
