High Court 18798 of 2025

a. That we are the Administrators of the Estate of Chandrakant Manibhai Patel (Deceased), who died on the 6th of November 2024 at Ved Superspeciality Hospital, India. b. That a Grant of Letters of Administration Intestate of the Estate of Chandrakant Manibhai Patel (Deceased) was made to us by the High Court of Kenya at Eldoret in this matter. c. That the deceased was survived by the following persons: No. Name Relationship Age 1. Citaben Chandrakant Patel Wife 57 2. Patel Sacar Chandrakant Son 35 3. Patel Kamal Chandrakant Son 32 d. That this Honourable Court had granted the Petitioners a special limited grant issued on 23rd December 2024 restricted to the purposes of running the deceased's sole proprietorship hardware shop and granting them access for purposes of operating the deceased's bank accounts however the said limited grant which was for a period of five (5) months has since lapsed. Thereby necessitating the present application. e. That it is expedient that the grant be confirmed before the expiration of six (6) months as there is urgent need to preserve anc ensure the continued operation of the deceased's sole proprietorship hardware business and to safeguard the business from financial loss, disruption of trade and any legal or contractual liabilities that may eventually arise, and waiting for the statutory period of six months to lapse will not be in line with the best interests of the beneficiaries and the estate as a whole. f. That we have been informed by my counsel on record which information I believe to be true that this Honorable Court is empowered under Section 71 (3) of the Law of Succession Act which provides that; The court may, on the application of the holder of a grant of representation, direct that such grant be confirmed before the expiration of six months from the date of the grant if it is satisfied— a. That there is no dependant, as defined by Section 29 of the deceased or that the only dependants are of full age and consent to the application; b. That it would be expedient in all circumstances of the case so to direct. c. That besides the above-named persons, the Deceased was not survived by any Other Dependants and no other Application for provision for Dependants is pending in this court or any other court, d. That the Dependants have mutually consented that the Estate of the Deceased will be distributed as follows: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18798/eng@2025-12-18 2

page 2 of 5

No. Particulars Area/Shares Location Shares To Dependants Title No. Uasin Gishu/ Kimumu Scheme/2722 0.07 HA Eldoret b) Pramukh General Eldoret Hardware c) d) Funds Bank Baroda in of f) Funds Bank in Funds Bank Baroda in of Bank Account Bank Account Bank Account A/C NO. 0XXXXXXXXXXXX A/C NO. 9XXXXXXXXXX02 A/C NO. 95XXXXXXXXXX83 Funds in Kcb Bank Bank Funds in Cuardian Bank Bank Funds in Gulf Bank Bank Funds in Chase Bank Bank Funds in Chase Bank Bank A/C NO. 01XXXXXXXX01 k) Funds in CoOperative Bank g) h) i) Account Account Account Account Account Bank Account https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18798/eng@2025-12-18 A/C NO. 1XXXXXXXXXX5 A/C NO. 0XXXXXX453 A/C NO. 1XXXXXX01 A/C NO.01XXXXXX01 A/C NO. 0XXXXXXXXXX00 3

page 3 of 5

l) Motor Cycle REG. NUMBER KMDQ390R m) Motor Vehicle REG. NUMBER KDA 380B n) Motor Vehicle REG. NUMBER KCG 747Q o) Motor Vehicle Trailer REG. ZH1243 p) Motor Vehicle REG. NUMBER KDL 857P q) Motor truck Lorry REG. NUMBER KDE 117W r) Motor Vehicle Lorry/ Truck REG. NUMBER KCY 2395 Vehicle NUMBER Total e. That what is deponed herein above is true to the best of our knowledge, understanding and belief. Decision 4. This court has reviewed the evidence of the summons for confirmation in which the applicant seeks leave of the court to have the final decree in the form of a certificate of confirmation of grant be issued before the expiry of six months. The applicable law happens to be Section 71 (3) of the Law of Succession Act which provides that the court may direct a grant to be confirmed immediately or sooner than six months if it is satisfied that:That there are no dependants of the deceased, or the only dependants are of full age and consent the application;It would be expedient and just and equitable in all circumstances of the case to do so. What the law stipulates is that there may be compelling and substantial circumstances to warrant the court to exercise discretion to confirm the grant before the expiry of six months. This can be deduced from the decisions made to address early confirmation of certificate of confirmation of grant. i.e.: In re Estate of the Late Kipchumba Misoy (Deceased) (Succession ...) [2025] KEHC 1472 (KLR): In this case, a fresh grant was issued to four administrators who were directed to come up with a fresh summons for confirmation of grant "within a period of six (6) months from this date hereof or any other shorter period that they may deem necessary". This demonstrates the court's acknowledgment that the six-month period is a maximum, and a shorter period can be ordered based on the circumstances.(Probate & Administration 65 of 1987) [2025] KEHC 2239 ...: Here, an applicant sought to be appointed as administrator and have the grant confirmed "notwithstanding the statutory six (6) months" after the previous administrator died. The circumstances surrounding the need for continued and urgent administration of the estate formed the basis for this prayer, highlighting that practical necessities can persuade a court to bypass the usual timeframe. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18798/eng@2025-12-18 4

page 4 of 5

5. It is generally both procedural and substantive law that Probate Courts are clothed with jurisdiction to confirm a grant before the expiry of six months depending on the specific circumstances on a case to case basis presented to the Courts and as much as possible that all beneficiaries have consented and agreed that the distribution be undertaken before the expiry of six months. 6. What does the key legal principles surrounding the confirmation of grant before the expiry of six months?Statutory Requirement: Section 71(3) of the Law of Succession Act, Cap 160, mandates the holder of the grant to apply for confirmation after the expiry of six months from the date of issue.Court's Discretion: Courts have the discretion to allow confirmation for a shorter period, but this is exercised in "compelling cases" depending on the specific circumstances.Beneficiary Consent: A crucial factor for early confirmation is the consent of all beneficiaries, who must be of the full age and agree to the proposed distribution.Expediency/Just and Equitable: The court must be satisfied that it would be "expedient in all circumstances of the case" or "just and equitable" to immediately issue a confirmed grant.Purpose of the Waiting Period: The six-month period allows for potential objections to the grant or the mode of distribution, ensuring all dependents' interests are protected. Premature confirmation without proper procedure or consent may lead to the grant's revocation later. 7. It is from this strength of the law that I exercise discretion to confirm the grant of letters of administration duly issued to the Administrators on transmission of the estate before the expiry of six months for the criteria set on compelling circumstances has been met by the Applicant. The application therefore has merit and the same is granted followed with the issuance of the certificate of confirmation of grant which apparently has been duly issued and this ruling is for purposes of giving reasons for that instrument which governs distribution of the estate. It is so ordered. DATED, SIGNED AND DELIVERED VIA CTS AT ELDORET THIS 18TH DAY OF DECEMBER 2025 ……………………………………………. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18798/eng@2025-12-18 5

page 5 of 5