A Grant of Representation (Probate or Letters of Administration) issued by a foreign court only enables the personal representative to deal with properties based within that foreign jurisdiction. To administer assets located in Kenya, a foreign grant must undergo a legal process known as Resealing.

What is Resealing?

Resealing is the process where the High Court of Kenya gives a foreign grant the same legal force and effect as if it had been originally issued in Kenya. This is necessary in two main scenarios:

  1. A foreigner dies abroad but leaves property in Kenya.
  2. A Kenyan citizen domiciled abroad dies but has assets in Kenya.

Under Section 77 of the Law of Succession Act, a "foreign grant" typically refers to one issued by a court in a Commonwealth country or any other country designated by the Attorney General.

Who Can Apply?

The application must be made by:

  • The person to whom the foreign grant was originally made.
  • An Advocate instructed in writing to apply on their behalf.

The process involves a Petition supported by an Affidavit filed before a judge of the Family Division in the High Court.

Necessary Documentation

In addition to the Petition, the applicant must produce:

  1. The original foreign grant.
  2. A duplicate sealed with the seal of the issuing court OR a certified copy.
  3. The original Power of Attorney if the application is made by an Advocate.
  4. Any will related to the grant, certified as correct by the issuing court.

The Procedure and Objection Period

  1. Court Verification: The court ensures that any applicable estate duty has been paid and may require evidence of the deceased's domicile.
  2. Gazettement: The Registrar causes a notice of the application to be published in the Kenya Gazette.
  3. Objection Period: A period of thirty (30) days is provided for any person with an interest to file a written objection.
  4. Resealing Order: If no objections are raised after 30 days, the court makes an order for sealing. The Registrar then endorses the grant with a certificate confirming its validity for use within Kenya.

If you are navigating international succession or need assistance with the resealing of foreign grants in Kenya, Ombogo and Company Advocates provides expert legal support to ensure seamless estate administration across borders.

Contact us at legal@ombogo.co.ke for specialized international probate services.