Resealing foreign grants in Kenya
January 22, 2026

Resealing Foreign Grants of Probate or Letters of Administration in Kenya: Step-by-Step Guide to Cross-Border Estate Administration.

Legal Disclaimer: This article provides general information and does not constitute legal advice. The information provided is based on the provisions the Law of Succession Act. Professional legal counsel should be sought to obtain advice tailored to individual circumstances.

Introduction

Cross-border estates are increasingly common in Kenya, particularly in situations where individuals have lived, worked or held assets across multiple jurisdictions. In such cases, succession is often initiated in a foreign country where the deceased was predominantly domiciled or where the succession proceedings were initially taken out, resulting in the issuance of a Grant of Probate or Letters of Administration outside Kenya.

In instances where the deceased owned assets such as land, bank accounts or shares within Kenya, the grant issued in the foreign jurisdiction does not, on its own, have legal effect within the Kenyan jurisdiction. In order to administer or deal with the assets in Kenya, the foreign grant must first be recognized by the High Court of Kenya. This process, known as resealing, is a critical procedural step in cross-border estate administration, as it effectively gives the foreign grant the same legal force as one issued in Kenya under the Law of Succession Act.

This article provides a practical, step-by-step guide to the resealing process in Kenya, outlining the legal requirements, procedural stages and common challenges encountered. It is intended to assist administrators and beneficiaries in understanding how to efficiently regularize foreign grants for use within the Kenyan legal system.

Legal Framework

The legal basis for the resealing of foreign grants in Kenya is founded under Section 77 of the Law of Succession Act, which empowers the High Court to recognize grants of representation issued by courts in certain foreign jurisdictions, prescribing the procedural requirements for applications seeking resealing.

The High Court is empowered to reseal a grant of probate or letters of administration issued in a designated country, thereby giving it the same force and effect as if it had been issued by a Kenyan court. Once resealed, the grant enables the personal representative to exercise all the powers conferred under Kenyan law, including the collection, management, and distribution of the deceased’s assets situated within the jurisdiction.

It is important to note, however, that not all foreign grants are automatically eligible for resealing. The Act contemplates reciprocity, and in practice, Kenyan courts are more inclined to reseal grants issued in jurisdictions with comparable legal systems, particularly those within the Commonwealth. Where a grant is issued in a non-designated jurisdiction, the court may instead require the applicant to institute fresh succession proceedings in Kenya.

The Procedure.

The resealing process involves a number of procedural steps:

  1. Confirming eligibility for sealing. This step involves confirming that the grant was issued by a court of competent jurisdiction in a recognized country;
  2. Obtaining authenticated and certified copies of the Grant of Probate or Letters of Administration from the issuing court;
  3. The filing of a formal application before the High Court seeking resealing of the foreign grant;
  4. Gazettement in certain cases as the court may direct, in order to invite any objections; and
  5. Issuance of the resealed grant and thereafter administration of the estate.

Each of these steps must be approached with precision as procedural missteps can result in delays or the rejection of the application. Given the technical nature of the resealing process, administrators and beneficiaries are strongly advised to seek professional guidance to ensure a smooth and compliant process.

AK Legal has extensive experience advising on succession matters, including cross-border estate administration. For further guidance, please contact us at andrew@aklegal.co.ke or info@aklegal.co.ke.

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