17

Annexture 2: petition for letters of administration with written will annexed

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. H.C 10 OF 2016
IN THE MATTER OF THE ESTATE OF RIZIKI (DECEASED)
I of P.O.Box 321 NAIROBI, HEREBY PETITION this Honourable
Court for a grant of letters of administration with the terms of a written will of the above
named Mr. Raziki who died domiciled in Nairobi on the . ...........................................
2016,
AND SAY as follows*:1. The document hereto annexed contains the true and original last will (and
codicil(s)) of the deceased.
2. The deceased appointed no executor.
3. The said executor is dead (or has consented hereto or has renounced his
executorship or has been issued with a citation to renounce his executorship or
apply for a grant of probate and has not done so).
4.

I present this petition in my capacity as to

Mr. RIZIKI.

5. I will faithfully administer according to law all the estate which by law
devolves upon and vests in the personal representative of the deceased and I
will render a just and true account of such estate whenever required by law so
to do and I will when required by this Court deliver up thereto the said grant.
Signed by the above .
In the presence of
Sworn by the said .
BEFORE ME

..
COMMISSIONER FOR OATHS

this .. day of .2016

18

Affidavit In Support Of Petition For Letters Of Administration With Written Will

Annexed.

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. H.C ..OF 2016
IN THE MATTER OF THE ESTATE OF RAZIKI (DECEASED)
I, ............................................................ of Nairobi County, P.O. Box 321 NAIROBI aged
over 18 years make oath and say as follows;
1.

The full name of the deceased to whose estate the proceedings herein relate is Mr.
RIZIKI and I am the petitioner named in the petition herein dated 25th day
of ........................................... 2012 upon which I have endorsed my name at the time
of swearing this affidavit.

2.

The deceased died on the 16th ........................................... 2012 at Nairobi as appears

from the attached photocopy of certificate of death marked CD 1 upon which I
have written my name at the time of swearing hereof.

3.

The deceased was at the date of his death domiciled in Nairobi and his last known
place of residence was at NAIROBI.

4.

The deceased died leaving a valid written will dated the ..................., 20........ (and a
codicil thereto dated the .............................................., 20....

5.

I am seeking a grant of representation to the deceased on the grounds that;

Am a residuary legatee to the deceased estate thus as of the law and priory makes me
legally eligible for the grant of letters of administration with oral will annexed.

6.

The following is a full inventory of all the assets and liabilities of the deceased at the
date of his death (including such assets (if any) as have arisen or become known since
that date).
Assets
1) .
2) .
3) ..
4) ..

19

Liabilities
a) ..
b)
c) .
d) .

7.The facts herein deposed to are known to me of my personal knowledge.

Sworn by the said.
this ..day of...2016
BEFORE ME

COMMISSIONER FOR OATHS

20
GRANT OF LETTERS OF ADMINISTRATION WITH WRITTEN WILL ANNEXED

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. H.C 10 OF 2012
IN THE MATTER OF THE ESTATE OF RAZIKI (DECEASED)
BE IT KNOWN that on the ........................................., 20..... Letters of administration with
will (and codicil(s)) annexed of all the estate of AB (also known as ABC) deceased late
of .................................. who died domiciled in (state
where) .......................................................................... on the ............................, 20..........,
at..........................................................................which by law devolves to and vests in his
(her) personal representative, a copy of which will (and codicil(s)) is hereto annexed, were
granted by this Court to .................. .of............................................ he
(she) having undertaken faithfully to administer such estate according to law and to render a
just and true account thereof whenever required by law so to do.
Issued by the High Court/Resident Magistrates Court/through the registry
at ......................................................... this ....................................., 20.............
(Signature)..........................................................................
Judge of the High Court/Resident Magistrate.

Note. - This grant when confirmed must specify all the persons beneficially entitled to the
estate together with their respective shares: section 71 (2) (proviso) of the Act. This will take
the form of a Schedule at foot or appended and will include any beneficiaries dying prior to
confirmation of the grant.

21
Annexture 3: consent to the making of grant of the letters of administration intestate
P&A FORM 38
REPUBLIC OF KENYA
________________________
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. H.C./R.M...OF 2016
IN THE MATTER OF THE ESTATE OF........................................................ (DECEASED)
CONSENT TO THE MAKING OF A GRANT OF ADMINISTRATION INTESTATE
TO PERSON OF EQUAL OR LESSER PRIORITY
WHEREAS the above namedof P.O. Box.died
on the ..day of .2016 intestate and Representation has not been
raised to his/her estate:
AND WHEREAS I/WE
1...
2...
3. ........
4. .....
5. .....
I am/ are entitled to apply for letters of administration to the estate of the
said............................................in
equality
with
or
priority
to..................................................................... of............................................but nevertheless
am/we are agreeable to the saidso applying.
NOW I/ we the said/or the above named..........................................of
P.O. Box ...........do hereby consent to letters of administration to the estate of
the said deceased being granted to the said..
DATED at This.Day of...2016
SIGNED by the above

In the presence of

)
)
)
)
)
)

Commissioner for Oaths

22

Annexture 4: guarantee by personal sureties

P&A.Form 57
REPUBLIC OF KENYA
_________________________
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. H.C./R.M...OF 2016
IN THE MATTER OF THE ESTATE OF........................ (DECEASED)
GUARANTEE BY PERSONAL SURETIES
WHEREAS the above named............................................................... died on
the.........................., 2016 and.......................................................... (Hereinafter called the
administrator) is the intended administrator of his estate:
Now
WE
........................................
and...........................................of................................hereby jointly and severally guarantee
and agree as follows:1) we will when lawfully required to do so make good any loss which any person
interested in the
administration of the estate of the deceased may suffer in
consequence of the breach of the administrator of his duty:a) to collect and get in the estate of the deceased and the administrator in according
to law;
b) when required to do so by the court to exhibit on oath in court a full inventory of
the said estate and when so required to render an account of the estate and;
c) When so required by the court to deliver up the grant to the court.
2) The giving of the time to the administrator or any other forbearance or indulgence
shall not in any way affect our liability under this guarantee
3) The liability under this guarantee shall be continuing and shall be for the whole
amount of the loss mentioned in paragraph 1 above save that our aggregate total
liability shall not in any event exceed the sum of KShs..............................................
DATED at ............................This............................Day Of............................2016

SIGNED by the above

In the presence of

)
)
)
)
)
)

23
Commissioner for Oath
Annexture 5: petition for limited Grant colligenda ad bona defuncti with the supporting
affidavit
P&A. 85
REPUBLIC OF KENYA
________________________
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. H.C./R.M...OF 2016
IN THE MATTER OF THE ESTATE OF DECEASED
PETITION FOR LETTERS OF ADMINISTRATION
AD COLLIGENDA BONA
I, RIZIKI MPETEVU.. of Post Office Box 22
MOMBASA in the Republic
of Kenya HEREBY PETITION this Honorable Court for a grant of letters of Administration
ad colligenda bona of the estate of the above-named RIZIKI MLAYOTE.
who died domiciled in MOMBASA.. on the 14TH. day of
............................................ , 2016 limited for the purpose only of collecting and getting
in and receiving the estate and doing such acts as may be necessary for the preservation of the
same and until further representation be granted.
AND SAY as follows:
1.

I present this petition in my capacity as AS HIS NEXT OF KIN & PERSONAL

REPRESENTATIVE. and by reason of the fact that owing to the special circumstances of
the case the urgency of the matter as appears from the affidavit filed herewith is so great that
it would not be possible for the court to make a full grant to the person who is by law entitled
thereto in sufficient time to meet the necessities of the estate of the deceased.
2. I will faithfully administer according to law all the estate of the deceased which by law
devolves to and vests in her personal representative for the use and benefit of the said RIZIKI
MLAYOTE.. limited as aforesaid but no further or otherwise and I will render a just and true
account thereof whenever required by law so to do, and will when required by the Court to do
so deliver up thereto the said grant.
Signed by the above- named RIZIKI MPETEVU...........
(Signature)
in the presence of.
.................................................
Advocate, of (address) ..

or in the presence of .

24
.
P&A. Form 20
REPUBLIC OF KENYA
__________________________
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. H.C./R.M...OF 2016
IN THE MATTER OF THE ESTATE OF.............................................. (DECEASED)
AFFIDAVIT IN SUPPORT OF PETITON FOR LIMITED GRANT UNDER THE
FIFTH SCHEDULE TO THE ACT
I.......RIZIKIMPETEVU.....an adult male of sound mind..........................of...........post box
Number 22 MOMBASA, in the Republic of Kenya Make oath and state as follows:1. The full name of the deceased to whose estate the proceeding herein relate is ....Riziki
Mla yote mkiubwa........................and I am the petitioner named in the petition dated
the ....14th day of April .................., 2016 upon which I have endorsed my name at the
time of swearing this affidavit.
2. The deceased died on the .......17th January..........................., 2016, at...Mombasa
general hospital......................................as appears from the attached certificate of
death (or photocopy of the certificate) of death (or other document)
marked .....RMK1......... upon which I have written my name at the time of swearing
hereof
3. The deceased was at the time of his death domiciled in KALOLENI IN MOMBASA,
and his last known place of residence was at..........MAZERUS.........................
4. The deceased died ....while receiving treatment at Mombasa general hospital where he
finally succumbed to injuries.
5. I am seeking a grant of representation to the deceased on the grounds that I am his
next of kin and in the position and a rightful person to institute the suit for purposes of
recovering his estates.
6. The following is a full inventory of all the assets and liabilities by the deceased at the
date of his death (including such assets, if any) as have arisen or become known since
that date.

ASSETS:
(a)
(b)
(c)
(d)
(e)

A house in Kaloleni.
Rental houses at Mazerus.
One lorry.
A milk bar at changamwe.
One pub at sparki area in Mombasa.

Total estimated value KShs 40,000,000

25

LIABILITIES:
(a)
(b)
(c)
(d)

Hospital bills amounting kshs. 236,000 Aghakan Hospital

A loan from chase bank kshs. 500,000.
Another loan from KCB bank kshs 700,000.
School fees balance for his second born son kshs. 200,000.

Total estimated value KShs.1,636,000.

7. In addition I state as follows:a)
b)
c)
d)
8. The facts herein deposed to are known to me of my personal knowledge.
SWORN at...........................This .....................day of ..............................................2016
)
Signed by:
)
)
)
Before me:
)
)
)
Commissioner for oaths/magistrate )