Friday, September 19, 2025

Nairobi Hospital Ordered to Pay Former CEO Kshs 170,350,000 for Unlawful Termination: The Case of Pamba v Kenya Hospital Association for & on Behalf of the Nairobi Hospital & Another [2025] KEELRC 1776 (KLR)

Case: Pamba v Kenya Hospital Association for & on Behalf of the Nairobi Hospital & Another [2025] KEELRC 1776 (KLR)


I. Background of the Case

This case concerned the termination of Dr. Allan Pamba, who had been appointed as the Chief Executive Officer (CEO) of the Nairobi Hospital under a three-year employment contract that included a six-month probationary period. Under the terms of the contract, successful completion of the probation period would result in automatic confirmation, while unsatisfactory performance would lead to an additional three-month performance enhancement plan.

Dr. Pamba's employment was terminated at the end of the six-month probation period, allegedly due to underperformance and his refusal to undertake the extended performance improvement plan.

However, Dr. Pamba contended that the termination was:

  • Unlawful, procedurally unfair, and politically motivated;
  • Based on a retrospective and irregular evaluation;
  • Conducted in violation of both labour law and the hospital’s internal HR policies.

He sought a declaration of unlawful termination, compensation for reputational damage, and other remedies (excluding reinstatement, which he later abandoned upon securing alternative employment).

II. Respondents’ Position

The Respondents (the Kenya Hospital Association and its Board Chair, Dr. Irungu Ndirangu) argued that:

  • The Claimant had underperformed during his probation;
  • The termination followed his refusal to engage in a performance improvement process;
  • The decision was lawful and compliant with the Employment Act and internal HR policy.

III. Issues for Determination

The Court considered the following key issues:

  1. Whether the Claimant’s contract was automatically confirmed upon expiry of the probation period;
  2. Whether the Claimant was entitled to procedural fairness under Section 41 of the Employment Act;
  3. Whether the Claimant was entitled to compensation for unfair termination;
  4. Whether the Claimant was entitled to damages for reputational harm (defamation).

IV. Court’s Analysis and Findings

1. Automatic Confirmation of Employment

  • The Court held that Dr. Pamba’s employment was automatically confirmed on 8th September 2020, the date his probation period lapsed.
  • The Court emphasized that Section 42(2) of the Employment Act requires mutual and written agreement to extend a probationary period.
  • As there was no communication or agreement on an extension, and no midpoint review conducted as required by the hospital’s HR policy, the probation was deemed completed.

2. Right to Fair Procedure under Section 41

  • The Court ruled that since Dr. Pamba had been confirmed by operation of law, he was entitled to full procedural protections under Section 41.
  • The purported extension of probation was unlawful, as it was made after the probation period had already expired, without prior communication or consultation.
  • The Board meeting that approved the termination also violated policy, as performance review was not even on the agenda, and due process was not followed.

3. Entitlement to Compensation

  • The termination was found to be unlawful, unprocedural, and unfair.
  • The Claimant was not issued a notice to show cause, nor given an opportunity to be heard.
  • The Court invoked Section 49(1)(c) of the Employment Act and awarded maximum compensation, including:
    • Salary for the unexpired contract term;
    • Leave dues;
    • 12 months’ salary compensation.

4. Reputational Harm and Defamation

  • The Court accepted that Dr. Pamba’s dismissal was handled in a demeaning and abrupt manner.
  • The premature and unprocedural dismissal, along with media coverage on social media and newspapers, caused serious damage to his professional reputation.
  • The Court awarded additional damages for reputational harm and emotional distress.

V. Final Judgment

The Employment and Labour Relations Court declared that:

  • The termination was unfair, illegal, null and void;
  • The Claimant was awarded a total of Kshs 170,350,000, comprising:
    • Salary for the remainder of the contract;
    • Terminal benefits and accrued leave;
    • 12 months’ salary compensation under Section 49;
    • General damages for reputational damage.

VI. Jurisprudential Significance

Confirmation by Operation of Law

  • If an employer fails to formally communicate an extension of probation before the probationary period ends, the employee is automatically confirmed.

Strict Application of Section 41

  • Section 41 of the Employment Act is mandatory: confirmed employees are entitled to notice and a fair hearing.
  • Failure to follow this process renders termination unlawful and actionable.

Employer’s Internal Policies Matter

  • The Court gave weight to the employer’s HR manual, noting that deviation from internal procedure further invalidated the termination.

Heavy Compensation for Non-Compliance

  • The ruling is a stark reminder that non-adherence to statutory and procedural requirements can expose employers to significant financial liability.

 

VII. Practical Implications for Employers

  1. Timely and Written Communication: Employers must give written, timely notice if intending to extend probation — silence can lead to automatic confirmation.
  2. Compliance with Internal HR Policies: Internal procedures are legally enforceable and must be strictly followed.
  3. Fair Hearing is Mandatory: All confirmed employees are entitled to notice, a hearing, and reasons for termination.
  4. Handle Terminations with Sensitivity: Poor handling of executive exits, especially those involving media attention, can lead to additional defamation or reputational damages.

 

Disclaimer: This article is intended for general information purposes only and should not be construed as legal advice.   

 

Legal Analysis on Procedural Fairness in Redundancy: The Case of Mwikali v Flame Tree Africa Limited [2025] KEELRC 1809 (KLR)

Full Case: Mwikali v Flame Tree Africa Limited [2025] KEELRC 1809 (KLR)

I. Introduction

This memorandum analyzes the decision in Mwikali v Flame Tree Africa Limited, where the Employment and Labour Relations Court found that the Respondent’s redundancy process was procedurally flawed despite issuing a formal one-month notice. The ruling emphasizes the importance of genuine notice, consultation, and fair implementation of redundancy under Kenyan employment law.

II. Issues

  1. Whether a redundancy notice that purports to give one month’s notice is valid where the employee is effectively dismissed on the same day.
  2. Whether instructing an employee to hand over company property on the same day as a redundancy notice nullifies the notice.
  3. Whether the redundancy process adhered to the procedural requirements under the Employment Act.

III. Relevant Law

  • Employment Act, 2007 (Kenya):
    • Section 40(1): Sets out mandatory procedural requirements for redundancy, including:
      • Issuance of at least one-month prior notice to the employee and the labour officer;
      • Consultations with the employee or their representative;
      • Criteria for selection (e.g., seniority, skills, etc.);
      • Payment of redundancy dues (severance pay, accrued leave, etc.).
  • Article 41 of the Constitution of Kenya, 2010: Guarantees the right to fair labour practices.
  • Case Law Principles: Courts have emphasized that redundancy must be both substantively justified and procedurally fair.

IV. Case Summary: Mwikali v Flame Tree Africa Ltd [2025] KEELRC 1809 (KLR)

Facts:

  • The Claimant received a redundancy notice letter dated 18 March 2021, indicating that she would be declared redundant after one month.
  • However, in the same letter, the Claimant was instructed to surrender all company property by close of business on the same day.
  • The Claimant challenged the validity of the redundancy process, arguing that it was procedurally unfair and not genuine.

Court’s Findings:

  • The Court held that despite the formal indication of a one-month notice, the instruction to hand over company property on the same day indicated a constructive termination.
  • The employer’s conduct showed it had no intention of retaining the Claimant during the purported notice period.
  • The Court found that:
    • No genuine notice was given;
    • There was no opportunity for consultation, as required under Section 40 of the Act;
    • The redundancy process was procedurally flawed and unfair.

V. Analysis

1. Form vs Substance in Redundancy Notice

This case confirms that redundancy notice must be real and effective — not just procedural formality. Simply stating “one month” on paper while forcing an immediate handover is evidence of bad faith and constructive dismissal.

2. Immediate Handovers Signal Immediate Termination

By instructing the Claimant to surrender all company property on the same day, the Respondent demonstrated that the employment relationship was immediately severed, contrary to the purported notice. This undermines the employee’s right to notice and time to adjust or consult.

3. Violation of Section 40 of the Employment Act

The Respondent failed to:

  • Conduct genuine consultations;
  • Allow the notice period to be effectively served;
  • Comply with the spirit and letter of redundancy procedures.

4. Breach of Fair Labour Practices

Such conduct also violates Article 41 of the Constitution, which protects employees from arbitrary dismissal and ensures dignity in the termination process.

VI. Conclusion

The decision in Mwikali underscores the principle that redundancy must be both procedurally and substantively fair. Merely issuing a notice letter is not sufficient — the employer's actions must reflect a genuine intention to follow due process, including providing actual time for notice, conducting consultations, and treating the employee fairly during the transition.

VII. Recommendations

For employers to remain compliant:

  1. Ensure the redundancy notice is genuine — do not require handovers or exit procedures until the notice period has lapsed or the employee has been properly relieved.
  2. Conduct proper consultations with affected employees and the labour officer as per Section 40.
  3. Allow employees to serve the full notice period or pay notice in lieu if immediate exit is intended — but be explicit and transparent.
  4. Document all steps in the redundancy process to demonstrate good faith and legal compliance.
  5. Train HR and management on the legal requirements of redundancy to avoid legal exposure and reputational damage.

 

Legal Analysis of Probationary Contract Extension and Procedural Fairness in Employment Termination – Pamba v Kenya Hospital Association

 Full case: Pamba v Kenya Hospital Association for & on behalf of the Nairobi Hospital & another [2025] KEELRC 1776 (KLR):

I. Introduction

This memorandum provides an analysis of the recent Employment and Labour Relations Court decision in Pamba v Kenya Hospital Association for & on behalf of the Nairobi Hospital & another [2025] KEELRC 1776 (KLR). The decision is significant in clarifying the legal requirements for extension of probationary contracts and the procedural rights of employees under the Employment Act, especially in light of the unconstitutionality of Section 42(1).

II. Issues

  1. Whether the probationary period can be unilaterally extended by an employer.
  2. Whether an employee whose probationary period has expired is entitled to a fair hearing under Section 41 of the Employment Act.
  3. Whether termination of such an employee without adherence to due process is unlawful.
  4. What remedies are available for unlawful termination in such circumstances.

III. Relevant Law

  • Employment Act, 2007 (Kenya):
    • Section 41: Requires that an employee be informed of the reasons for termination and given an opportunity to respond before dismissal.
    • Section 42(1): Excluded probationary employees from Section 41 protection; however, this section has been declared unconstitutional (see Nairobi ELRC Petition No. 94 of 2019).
    • Section 42(2): Allows extension of probationary contracts only with mutual agreement in writing.
  • Constitution of Kenya, 2010:
    • Article 47: Right to fair administrative action.
    • Article 41: Right to fair labour practices.
  • Internal HR Policies: Employer policies are binding and enforceable where they supplement or operationalize statutory obligations.

IV. Case Summary

In the Pamba case:

  • The Claimant was employed on a probationary contract.
  • After the lapse of the initial probationary period, the Claimant continued working without formal confirmation or an executed extension.
  • The Respondents later terminated the Claimant, arguing he was still under probation and not entitled to a hearing.
  • The Claimant contested this, asserting that the extension of his probation was invalid because:
    • There was no mutual agreement to the extension.
    • The extension was not reduced into writing.
    • The Respondents failed to follow their own HR policy.
  • The Court found:
    • The Claimant’s probation had expired.
    • The extension was invalid under Section 42(2).
    • The Claimant was automatically confirmed and entitled to the protections of Section 41.
    • The termination was procedurally unfair and unlawful.
    • The Claimant was awarded the maximum compensation for unfair termination.

V. Analysis

1. Probationary Extension Must Be Mutual and In Writing

The case confirms that employers cannot unilaterally extend a probationary period. Section 42(2) requires mutual consent, and failure to document such consent invalidates any purported extension.

2. Employees Are Entitled to Procedural Fairness Regardless of Probation Status

With the invalidation of Section 42(1), all employees, including those on probation, have a constitutional and statutory right to a fair hearing under Section 41. Employers who terminate without adhering to this requirement risk liability for unlawful termination.

3. HR Policy Compliance Is Legally Binding

Internal policies carry the weight of contractual obligations and procedural guidelines. Failure to comply with such policies contributes to findings of procedural unfairness.

4. Remedy: Maximum Compensation

Where termination is both procedurally and substantively unfair, the Court is inclined to grant maximum statutory compensation, particularly where the employer acts in bad faith or with disregard for the law.

VI. Recommendation

To ensure compliance with this ruling and minimize legal exposure:

  1. Review and update internal HR policies to align with the Employment Act and constitutional requirements.
  2. Ensure any probationary extension is:
    • Agreed to mutually, and
    • Documented in writing.
  3. Disregard Section 42(1) entirely — it is unconstitutional.
  4. Before termination, ensure that the procedural steps under Section 41 (notification, explanation, and hearing) are followed for all employees.
  5. Train HR personnel and line managers on updated practices regarding confirmation, probation, and termination procedures.

VII. Conclusion

The Pamba decision reinforces the principle that due process in employment matters is not optional, even for probationary employees. Employers must strictly comply with both statutory provisions and internal policies. Failure to do so exposes them to maximum liability for unfair termination.

Please let me know if you would like a checklist or policy template to ensure compliance with this ruling.

 

Wednesday, September 17, 2025

On affirming that constitutional principles apply fully to public procurement: The Case of Okoiti v Portside Freight Terminals Ltd & 12 Others [2025] KESC 44 (KLR)

An Analysis of the Case Okoiti v Portside Freight Terminals Ltd & 12 Others [2025] KESC 44 (KLR)

Case Overview

The Supreme Court decision in Okoiti v Portside Freight Terminals Ltd marked a landmark pronouncement on constitutional compliance in public procurement, particularly regarding the use of Specially Permitted Procurement Procedures (SPPP) under Section 114A of the Public Procurement and Asset Disposal Act (PPAD Act).

The dispute arose after Kenya Ports Authority (KPA) granted Portside Freight Terminals a licence to establish a second grain bulk handling facility at Mombasa Port via SPPP—allegedly bypassing competitive bidding, in breach of Article 227 of the Constitution.

Key Legal Issues

  1. Constitutionality of SPPP under Section 114A PPAD Act.
  2. Whether KPA’s deviation from competitive procurement was justified by public interest, national security, or exceptional circumstances.
  3. Binding nature of the Port Master Plan (2017–2047) and public participation.
  4. Whether the decision-making process was ultra vires, particularly in relation to KPA Board vs Accounting Officer roles.
  5. Public interest standing and access to justice under Articles 22 and 258 of the Constitution.

Supreme Court's Reasoning

  • SPPP Use Was Unjustified: KPA failed to prove that open tendering was impractical or uneconomical. Exceptional circumstances must be demonstrated with evidence.
  • Violation of Article 227: Procurement must always be fair, equitable, transparent, competitive, and cost-effective—constitutional principles, not just procedural steps.
  • Master Plan Not Binding, But Normatively Important: Deviation from the Port Master Plan required public participation, especially where public interest and national planning were affected.
  • Decision Ultra Vires: The KPA Board acted outside its powers in approving procurement decisions—functions lawfully delegated to the Accounting Officer.
  • Public Interest Justiciability Upheld: The Court upheld the right of individuals and groups to bring constitutional claims in public interest procurement matters.

Orders and Outcome

  • The procurement process was declared unconstitutional and void.
  • The licence and wayleave granted to Portside Freight Terminals were quashed.
  • KPA was directed to conduct a fresh procurement process under Article 227.
  • Each party to bear its own costs, due to the public interest nature of the petition.

Legal and Academic Significance

1. Reassertion of Constitutional Procurement

Procurement is a constitutional matter, not just administrative. Article 227 is enforceable in courts.

2. Limits to SPPP

SPPP is not a backdoor to non-competitive tenders. Exceptional use must be demonstrably justified.

3. Master Plans as Governance Tools

Deviation from master plans may require fresh public participation. Plans carry strong normative weight.

4. Institutional Role Clarity

Public institutions must respect separation of functions—Boards should not override Accounting Officers.

5. Strengthening Public Interest Litigation

Reinforces that citizens and public interest bodies can challenge unconstitutional actions, even without direct commercial interest.

Critique & Areas for Further Development

  • Lack of clear standards on what qualifies as “exceptional” for SPPP.
  • No bright line for when master plan deviations require participation.
  • Risk to investor confidence in alternative procurement methods.
  • Judicial remedies were minimal—no structural or time-bound reforms ordered.

📖 Conclusion

Okoiti v Portside Freight Terminals Ltd is a precedent-setting judgment affirming that constitutional principles apply fully to public procurement. It clarifies the limits of discretion under special procurement procedures and reinforces the role of courts in upholding transparency, accountability, and rule of law in public finance.

 

Disclaimer: This article is intended for general information purposes only and should not be construed as legal advice.    

Thursday, September 11, 2025

Poor or unsatisfactory performance as a ground for termination requires more than verbal warnings (Termination Procedures); The Case of Kamuri v Cleanshelf Supermarkets Limited (Cause 922 of 2018) [2025] KEELRC 2278 (KLR)

Legal Brief - Kamuri v Cleanshelf Supermarkets Limited (Cause 922 of 2018) [2025] KEELRC 2278 (KLR)

Brief Facts of the Case

  • Kamuri was employed by Cleanshelf from February 2011 until his termination in September 2015 as Head of Bakery Section.
  • In August 2015, he was placed on compulsory leave for one month due to alleged unsatisfactory performance. He did not receive his salary for August.
  • Upon return (1 Sept 2015), he was verbally informed of his termination; followed by a termination letter dated 1 September 2015 which cited poor performance, multiple complaints about fraud, excessive expiry of bakery goods (due to over-ordering), lack of improvement despite verbal warnings.
  • He claims he was never appraised, never given warnings in writing, never given a “show cause” notice, and never given an opportunity to be heard.
  • The Respondent claims there were verbal warnings, investigations, a notice to disciplinary hearing (letter dated 24 August 2015), but that Kamuri failed to attend that hearing. Also alleges outstanding Sacco loan, and unreturned company property (a laptop), which were offset from his terminal dues.

Issues for determination:

The Court framed the issues for determination as:

  1. Whether the termination of the Claimant’s employment was lawful and fair.
  2. Whether the Claimant is entitled to the remedies he sought (i.e. payment of withheld amounts, compensation, leave pay, etc.).
  3. Whether the Respondent lawfully offset the Claimant’s terminal dues against his Sacco loan and unreturned company property.

 

The Governing Law / Legal Rules

  • Employment Act, 2007 (Kenya), especially:
    • Section 41: Requires that before terminating for misconduct, poor performance or physical incapacity, the employer must explain the reason to the employee in a language the employee understands, and allow the employee (or another employee or union rep) to be present during explanation; also the employee must be given opportunity to make representations.
    • Section 43: Requires a valid reason for termination.
  • Precedents:
    • Kenya Science Research International Technical and Allied Workers Union (KSRITAWU) v Stanley Kinyanjui and Magnate Ventures Ltd — standard procedure in poor performance cases: pointing out shortcomings, giving opportunity to improve over reasonable time (2–3 months)
    • Jane Samba Mkala v Ol Tukai Lodge Ltd — requirement for objective performance evaluation system as benchmark.
    • Njenga & 4 others v Motor Boutique Ltd [2024] KEELRC 2206 (KLR) — concerning deduction or withholding of terminal dues when employee has not expressly consented.

Arguments

Claimant’s Arguments

  • No performance appraisal or warning (in writing) had been made before the compulsory leave or termination.
  • No notice to show cause, no hearing, no opportunity to be heard. Due process not followed.
  • Withheld his salary for the one-month leave (August 2015).
  • Entitled to other benefits: accrued leave pay, notice, service pay, house allowance.

Respondent’s Arguments

  • Claims performance was unsatisfactory; numerous verbal warnings were given.
  • That investigations were done, a disciplinary hearing was scheduled (24 August), but Claimant failed to attend.
  • Offsetting of loans or property owed by Claimant from terminal dues. For example, Sacco loan, value of laptop not returned.
  • Asserts that compulsory leave period’s salary and notice in lieu were already included in terminal dues.

Court’s Findings / Judgment

  • The Court found the termination was unfair and unlawful. Key reasons:
    1. Respondent failed to establish a valid reason under Section 43. Though the termination letter cited poor performance etc., there was no evidence of objective performance evaluation, no documented performance improvement plan, no written warnings, no appraisal that would establish performance baseline.
    2. Procedure under Section 41 was not followed: no evidence that Claimant was given in writing reasons, no notice to show cause, no hearing, no proof of service of the 24 August letter purportedly summoning disciplinary hearing.
    3. Compulsory leave instead of an improvement process indicates lack of intention to support improvement. The court held that sending an employee on compulsory leave for performance reasons without proper performance support is “strange” and inconsistent with fair procedure.
    4. On offsetting terminal dues: the court found that there was no express authorization from the Claimant for deductions of his dues to pay off his Sacco loan or unreturned laptop. Also no proof the funds were transferred to Sacco, and thus the deductions were unlawful.
  • Remedies awarded:
    • 6 months’ salary compensation for unfair termination.
    • 1 month’s salary in lieu of notice.
    • Salary for August 2015 (month on compulsory leave) since not paid.
    • Leave pay for 21 accrued leave days.
    • Deductions for unreturned laptop (KSh 54,250) were deducted from the award.
    • Total award: KSh 554,750 (after deduction)
    • Interest at court rates from date of judgment until payment in full.
    • Costs awarded to Claimant.

Legal Significance / Analysis

  • Reinforces that poor or unsatisfactory performance as a ground for termination requires more than verbal warnings; needs a structured process (appraisal, notice, opportunity to improve) as per Kenyan law. Employers cannot short-circuit this process.
  • Emphasizes procedural fairness in termination cases under the Employment Act: requirement for notice to show cause, a hearing, clarity of reasons, language understood by employee.
  • Clarifies that an offset of terminal dues for debts (like loans) or for property must be based on express authorization or agreement; unilateral withholding is unlawful.
  • The case underscores the importance of documentation: performance appraisals, warnings, hearing invitations, show-cause notices etc. are critical evidence.

Possible Weaknesses or Counterpoints

  • The Respondent claimed some verbal warnings and that there was a disciplinary hearing scheduled; if they had stronger documentary evidence of those, the result might have been different. But in this case, they failed to prove them in court.
  • The concept of “reasonable opportunity to improve” may depend on the context; what is reasonable in one job may be different in another. The court in this case considered 2–3 months as a benchmark.

Conclusion / Court’s Holding

The court held in favour of the Claimant. The termination was unlawful and unfair because:

  • No valid reason had been shown under section 43.
  • Procedural requirements under section 41 were not met.
  • The Respondent unlawfully withheld or offset terminal dues (loan, non‑return of property) without express consent or sufficient proof.

Accordingly, the Claimant was awarded multiple remedies (compensation, unpaid salary, leave pay, etc.).

Wednesday, September 10, 2025

Lega Procedure for Petitioning for Letters of Administration in Kenya

In Kenya, when a person dies intestate (i.e., without leaving a valid will), their surviving dependants—such as a spouse, children, or other close relatives—may apply to the High Court (Family Division) for letters of administration to enable them to manage the deceased's estate under the provisions of the Law of Succession Act, Cap 160.

Step 1: Filing the Petition

The process begins with the filing of a Petition for Grant of Letters of Administration Intestate. This petition is lodged by one or more of the deceased’s surviving dependants (as defined under Section 29 of the Law of Succession Act) and must be accompanied by the following documents:

Mandatory Documents:

  1. Letter from the Area Chief

    • This letter identifies the deceased and lists all known dependants, specifying their relationship to the deceased.

    • It serves to confirm community knowledge of the deceased’s death and family structure.

  2. Affidavit in Support of the Petition (Form P&A 5)

    • This affidavit must disclose the full inventory of the deceased’s assets and liabilities, including land, bank accounts, shares, debts, etc.

    • It also lists all known dependants and their details—names, ages, and relationship to the deceased.

  3. Affidavit of Justification of Proposed Administrator(s) (Form P&A 11)

    • This document sets out the qualifications and financial standing of the proposed administrator(s).

    • It assures the court that the administrator is competent and capable of managing the estate.

  4. Affidavit of Justification of Proposed Sureties (Form P&A 12)

    • Sworn by two individuals who agree to act as sureties for the proposed administrator(s).

    • The sureties must undertake to compensate the estate for any losses incurred due to the administrator's failure to discharge their duties properly, up to a specified financial limit.

  5. Consent to Petition (Form P&A 38)

    • All other persons who are equally entitled to apply for the grant must sign this form.

    • The purpose is to confirm that they have no objection to the proposed administrator(s) proceeding with the petition.

 Step 2: Gazette Notice and Waiting Period

Once the petition is filed, the court will cause a notice of the petition to be published in the Kenya Gazette, as required under Rule 7(4) of the Probate and Administration Rules. This notice serves as a public announcement of the intention to obtain letters of administration.

  • A 30-day objection period follows, during which any person with a legitimate claim or objection may file an objection to the grant.

  • If no objection is filed within this period, the court may proceed to issue the grant of letters of administration.

 Step 3: Grant of Letters of Administration

The initial grant authorizes the administrator(s) to collect, preserve, and manage the deceased's estate but does not permit distribution of the estate to beneficiaries.

Step 4: Confirmation of Grant

To distribute the assets to the rightful heirs, the administrator(s) must apply for confirmation of the grant under Section 71 of the Law of Succession Act, after the lapse of six months from the date of the initial grant.

  • During this process, the administrator submits a Schedule of Distribution (Form P&A 15) showing how the estate is proposed to be distributed among the beneficiaries.

  • The court must be satisfied that all beneficiaries are accounted for and that the distribution is fair and in accordance with the law.

⚖️ Note: In exceptional or urgent cases, the court may confirm a grant before the expiry of six months, where compelling reasons exist (e.g., health, education needs of beneficiaries, perishable estate assets).

 Legal Framework:

This process is governed primarily by the Law of Succession Act (Cap 160) and the Probate and Administration Rules made under it. It seeks to ensure that the estates of deceased persons are administered fairly, transparently, and in accordance with the law.

 #THE END 

On the strict consent threshold for direct marketing in Kenya: The Case of Samwel Kamau Waweru v Platinum Credit Limited; ODPC Complaint No. 1951 of 2025

Background The Complainant lodged a complaint with the Office of the Data Protection Commissioner after receiving persistent unsolicited c...