https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11026

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISUMU** **SUCCESSION CAUSE NO. E040 OF 2025** **IN THE MATTER OF THE ESTATE OF** **SHARADKUMAR KARSANDAS BHIMJI SOMAIA alias SHARADKUMAR KARSANDAS SOMAIA alias SOMAIA SHARADKUMAR KARSANDAS (DECEASED)** **AND** **IN THE MATTER OF AN APPLICATION FOR CONFIRMATION OF GRANT WITHIN SIX MONTHS UNDER SECTION 71(3) OF THE LAW OF SUCCESSION ACT BY THE ADMINISTRATOR** **RULING** 1. The Appellant’s chamber summons dated 8th July, 2026 is expressed to be brought under *Sections 71(1), (3) & 72 of the Law of Succession Ac, Rules 40 and 73 of the Probate and Administration Rules* and seeks the following orders: 1. **THAT the grant of probate made to the Applicant TILOTTAMA SHADARKUMAR SOMAIA by this Honourable Court in this cause on the 14th April, 2026 be confirmed notwithstanding that six months from the date of the grant shall not have expired.** 2. **THAT costs of the application be paid out of the estate.** 2. The grounds upon which the motion is premised are that the Applicant is the widow and Administrator of the estate of the deceased and is financially constrained, thereby urgently requiring funds to meet her upkeep, medical expenses and general welfare. 3. It is further contended that the Applicant is a British citizen who, prior to the deceased’s death, remained in Kenya as his dependant pursuant to a Dependant Pass, but is no longer able to remain in the country in that capacity following his demise. 4. The Applicant further states that there is an interested purchaser for the property known as Kisumu/Municipality/Block 12/3, and that she is willing to accept the offer. She contends that she urgently requires a Certificate of Confirmation of Grant to commence the sale process. 5. On that basis, the Applicant seeks confirmation of the grant notwithstanding that the prescribed six-month period from the date of its issuance has not yet expired. 6. The application is supported by the affidavit of **Tilottama Sharadkumar Somaia,** the Applicant/Administrator herein, in which she deposes that the deceased, **Sharadkumar Karsandas Bhimji Somaia,** was her husband and passed away on 13th September, 2025. 7. She states that a grant of probate was issued to her on 14th April, 2026 and that the deceased was survived by herself and their two daughters, **Seeta Richard Lord** and **Rakesh Shrestha,** who are the only dependants of the estate. 8. The Administrator further deposes that although her daughters have been assisting her with her living expenses, she urgently requires funds to meet her upkeep, medical expenses and general welfare. She states that she is a British citizen and had previously remained in the country as her late husband’s dependant, but following his death she is no longer able to do so in that capacity. 9. She further deposes that there is an interested purchaser for the property known as Kisumu/Municipality/Block 12/3 and that she is willing to accept the offer. She states that she urgently requires a Certificate of Confirmation of Grant to commence the sale process. She further confirms that there is no pending application for provision for dependants and that no estate duty is payable in respect of the deceased’s estate. 10. The Administrator states that the persons beneficially entitled to the estate, and their respective shares, have been ascertained in accordance with the deceased’s Will. She identifies the property known as Kisumu/Municipality/Block 12/3 and motor vehicle registration number KAE 519 as forming part of the estate, with her beneficial entitlement in each being on a 100% basis. 11. In the circumstances, the Administrator prays that the grant be confirmed before the expiry of the prescribed six-month period, contending that it would be expedient and just to do so in the circumstances of the case. 12. Having considered the application, the supporting affidavit and the record in its entirety, the single issue for determination is whether the Applicant has demonstrated sufficient cause to warrant confirmation of the grant of probate before the expiry of six months from the date of its issuance. 13. *Section 71(1)* of the *Law of Succession Act* provides for the confirmation of a grant after the expiration of six months from the date of its making. However, *Section 71(3)* empowers the court, for sufficient cause and on application, to confirm a grant before the expiry of that period. The discretion is therefore not exercised as a matter of course, but upon the court being satisfied that the circumstances of the case justify an early confirmation. 14. In the present case, the Applicant has explained that she is the widow and sole beneficiary of the deceased’s estate under the Will. The evidence before the Court is that the deceased was survived by the Applicant and their two daughters, who are the only dependants, and that the persons beneficially entitled to the estate and their respective shares have been ascertained. There is also no pending application for provision for dependants and no estate duty is payable in respect of the estate. 15. The Applicant has further demonstrated that she is financially constrained and urgently requires funds for her upkeep, medical expenses and general welfare. She has also explained that, following the death of her husband, she is no longer able to remain in Kenya as his dependant. More importantly, there is an interested purchaser for the property known as Kisumu/Municipality/Block 12/3 and the Applicant requires confirmation of the grant to commence the process of sale. 16. In the circumstances, and there being no material indication of prejudice to any beneficiary or dependant, I am satisfied that sufficient cause has been demonstrated for the exercise of the Court’s discretion under *Section 71(3)* of the *Law of Succession Act.* The circumstances of the case justify confirmation of the grant before the expiry of six months from the date of its issuance. 17. Accordingly, the chamber summons dated 8th July, 2026 is allowed in terms of prayer (a). The grant of probate made to the Applicant, **Tilottama Sharadkumar Somaia,** on 14th April, 2026 is hereby confirmed notwithstanding that six months from the date of its issuance have not expired. 18. The costs of the application, if any, shall be borne by the estate. 19. His file is hereby closed. DELIVERED (virtually), DATED & SIGNED this 15th day of July, 2026. **JOE M. OMIDO** **JUDGE** FOR APPLICANT: **Mr. Wangoda.** COURT ASSISTANTS: **Mr. Ngoge** & **Mr. Juma.**