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⚖ Order 50 • 180 Days Section 71(1) Law of Succession Act (Cap 160)

6-Month Statutory Period Before Confirmation of Grant of Probate/Administration (Section 71)

After the expiration of a period of 6 months, or such shorter period as the court may direct, from the date of any grant of representation, the holder shall apply to the court for confirmation of the grant.

Statutory Window

180 Days

Governed by Section 71(1) Law of Succession Act (Cap 160) and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (180 Days)

After the expiration of a period of 6 months, or such shorter period as the court may direct, from the date of any grant of representation, the holder shall apply to the court for confirmation of the grant.

Key Practice Questions

What happens if the last day of the 180-day period under Section 71(1) Law of Succession Act (Cap 160) falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

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