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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT MOMBASA
SUCCESSION CAUSE NO [reference]
IN THE ESTATE OF [DECEASED]
PETITION FOR A GRANT DE BONIS NON ADMINISTRATIS
1. The Petitioner applies for representation of the unadministered estate of [deceased] following the death of the sole administrator. The original grant date, confirmation status and administrator death evidence are [certified particulars]. This application does not merely substitute a name into the deceased holder grant.
2. The original deceased died in 1972. The relevant domicile, applicable substantive law and section 2(2) position must be established from [records and legal basis]. Current administration procedure is distinguished from assumptions about intestate shares under legislation commencing later.
3. The Petitioner is [grandchild and evidenced relationship]. All persons with equal or prior entitlement, beneficiaries and representatives of deceased beneficiaries are listed at [schedule]. Required consents, renunciations, citations and notices are [actual status], including any contested relationship.
4. The estate inventory identifies only the original deceased one-third undivided property interest, subject to the certified register. Other shares belonging to the deceased children estates remain separately administered. Values are supported by [actual valuation], or expressly labelled estimates where none exists.
5. The Petitioner seeks a lawful new grant for the remaining administration and the necessary order concerning the inoperative original grant. Distribution is reserved until confirmation. Related estate proceedings, liabilities, administration already completed and all objections are disclosed in the required prescribed papers.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Use the prescribed grant petition and affidavit, full inventory, deaths, family and interested-person disclosure, appointment priority, required consents or citations, notices and related causes. Address the existing grant and remaining administration expressly. Appointment does not authorise distribution before confirmation. Use the applicable petition and affidavit forms, full inventory, notice and consent procedure. Address revocation of the useless grant expressly; the historical Court overlooked an omission, which is not a filing shortcut. Apply the Probate and Administration Rules and the actual succession Court directions, rather than assuming ordinary civil motion procedure. Protect any minor or person lacking capacity.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
An estate originating from a 1972 death included a one-third undivided interest in a Mombasa property. The sole holder of the unconfirmed 2020 grant died in 2021. A grandson sought a de bonis non grant; an objector claiming a foster relationship through another deceased son opposed appointment.
The Court revoked the inoperative grant, appointed the grandson to administer the unadministered estate and dismissed the objection. He was directed to collect and gather assets without distribution before confirmation. The objector contested family status was left for subsequent proceedings; each party bore its costs.
Section 76(e), appointment priority and probate procedure address the death of a sole administrator. Separate estates and their shares must not be conflated. Because the original death predated 1 July 1981, section 2(2) requires checking the applicable historical substantive succession law; administration and confirmation remain distinct. This case does not establish a universal exclusion of foster or adopted children.
Read the original reported decision: [2025] KEHC 9157 (KLR) — 19 June 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Law of Succession Act
Probate and Administration Rules — check current amendments and prescribed forms
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