https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12883

 REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E131/2026 IN THE MATTER OF ESTATE OF MAULID HAKIM IDD ALIAS MAULIDI HAKIM IDD(DECEASED): PETITIONER; RAMA HAKIM TSUTSU JUDGMENT Death is inevitable. For the fact that death is a channel through which every living soul must pass through, when it comes, and the deceased usually leaves behind an estate. As a result, Islam being a complete way of life has spelt out how the deceased’s estate should be shared among his relations as ordained by Allah. By estate, I mean the entire property a deceased leaves behind such as houses, cars, clothes, furniture, land, farm, jewelers, cash (at hand and in bank), shares, bonds, gratuity and so on including socks and underwear; everything subhanallahu. The petitioner herein while in person moved this Honourable court vide an uncontested petition dated 22nd Day of July, 2026 and filed in court on the 24th July, 2026. The petition was accompanied by a verifying affidavit; Petitioner’s statement, list of witnesses, list of documents attaching certificate of death of the deceased herein, letter dated 15th July 2026 from the Kinondo Location area Chief, copy of title deed KWALE/GALU KINONDO/2096, certificates of official searches dated 14th, 15th, & 29th June, 2026, family consent dated 14th July, 2026 further affidavits and copies of birth certificates and identification of the heirs. The petitioner herein prayed the court the following prayers: - 1. Determination of heirs 2. Distribution of Estate according to Islamic law 3. Vesting Orders of Estate to heirs **MAULID HAKIM IDD Alias MAULIDI HALKIM IDD** passed away a Muslim and intestate on 19th January, 2026 at his residence in Kombani, Waa Location within Matuga Sub-County as it appears in the certificate of death attached hereto. On the face of the petition specifically at Para 4 the petitioner herein pleaded that the Deceased upon his death was survived by the following: * 1. Ann Wanjiru Wangai …. Widow 2. Halima Hakimu Dudua …. Mother 3. Aisha Maulid Hakim …. Daughter 4. Kauthar Maulid Hakim …. Daughter 5. Raiyyaan Maulid Tsutssu …. Daughter 6. Rama Hakim Tsutsu …. Brother 7. Abdallah Hakimu Tsutsu …. Brother 8. Halima Salim Kururushi …. Sister At the time of **MAULID HAKIM IDD Alias MAULIDI HAKIM IDD’S** death, he left the following unencumbered and available properties: 1. Parcel of land known as KWALE/GALU KINONDO/2096 2. Parcel of land known as KWALE/GALU KINONDO/2470 3. Parcel of land known as KWALE/GALU KINONDO/2499 4. Parcel of land Known as KWALE/GALU KINONDO/2521. The Petitioner herein pleaded that the deceased herein at the time of his death had no liabilities/debts. The matter was heard on the 29th of July, 2026. The Petitioner herein was heard and he stated exactly what was pleaded in the petition. He stated that the Deceased herein upon his death was survived by his mother, widow, three (3) daughters and siblings; brothers and sisters. He contends that the deceased herein during his lifetime acquired properties parcels of land known as KWALE/GALU KINONDO/2096, KWALE/GALU KINONDO/2470, KWALE/GALU KINONDO/2499 & KWALE/GALU KINONDO/2521 and that the said parcels of land were registered under the name of the Deceased as the sole proprietor. He avers that the family convened a meeting and resolved that the estate property be transmitted through the widow ANN WANJIRU WANGAI as Trustee. Pw1 was Ann Wanjiru Wangai who happens to be a widow of the Deceased herein. She stated that she is a Muslim having converted to on the 24th of April, 2014 and contracted the Deceased herein in marriage on the same date. She stated that she is the only widow surviving the deceased herein. She contends that the deceased was also survived by his mother, three (3) daughter and his siblings. She avers that the family proposed that the Estate property be transmitted through her and that she is willing and ready to take up the responsibility. In modern Kenya, the administration of the deceased Muslim is governed by law of succession Act Cap 160, where they are not inconsistent with those of Muslim laws. It should be noted that the substantive law that is applicable to the estate of a deceased Muslim is Muslim law as provided by Sec 2 (3) of the Act. When a Muslim die without appointing an executor, or dies intestate there is no harm in approaching the court of law in obtaining letters for administration for the purpose of: - 1. Collecting and preserving the estate of the deceased. 2. Paying all charges against the estate. 3. Paying debts and legacies. 4. Distributing the remaining property among the rightful heirs …. Among others. I am therefore satisfied that the basic requirement under the law of succession Act (Cap 160) and substantive Islamic law of succession has been met. I have considered the pleadings and the oral submission and this Honorable court frames the following as issues for determination: 1. What constitute the Deceased estate 2. Who are the rightful heirs of the Estate of the Deceased? 3. Mode of Distribution In regards to the issue of what constitute the deceased Estate, looking at the pleadings specifically Para 5 of the petition, the oral submission together with the documentary evidence presented in court by the Petitioner specifically the title Number KWALE/GALU KINONDO/2096 together with certificate of official search dated 29th June, 2026, 14th June, 2026 and 15th June, 2026, it is clear that the parcel of land known as KWALE/GALU KINONDO/2096, KWALE/GALU KINONDO/2470, KWALE/GALU KINONDO/2499 & KWALE/GALU KINONDO/2521 are registered under the name of the Deceased herein as sole proprietor. Pursuant to Land Act sec 30 (3) states as follows: - “A certificate of title or certificate of lease shall be prima facie evidence of the matters shown in the certificate, and the land or lease shall be subject to all entries in the register”. My understanding of the Act is that the name appearing in the title document or lease is the owner and that factual evidence cannot negate legal principle. In determining the issue based on the evidence this Honourable court is hereby pleased to declare that the parcel of land known as KWALE/GALU KINONDO/2096, KWALE/GALU KINONDO/2470, KWALE/GALU KINONDO/2499 & KWALE/GALU KINONDO/2521 constitute the Estate of the Deceased herein. In regards to the issue of who are the rightful heirs of the deceased, it is not is dispute that the deceased upon his death was survived by his mother, widow, three (3) daughters and siblings. According to the substantive Islamic law of inheritance, Islamic inheritance requires the following: 1. ***Death of the Owner (Al- Muwarrith):*** Confirmed physically or by legal/judicial decree. 2. ***Survival of Heirs (Al- Warith):*** The heir must be alive at the time of the deceased’s death. A fetus in the womb can inherit if born alive. 1. ***Existing Estate (Al- Mawruth):*** There must be property, assets, or rights left by the deceased to be inherited. 2. ***Valid Relationship:*** The relationship (blood or marriage) must be legitimate. Adopted children do not inherit. Based on the foregoing I do hereby pleased to declare that the following are the rightful heirs of the deceased herein: 1. Ann Wanjiru Wangai …. Widow 2. Halima Hakimu Dudua …. Mother 3. Aisha Maulid Hakim …. Daughter 4. Kauthar Maulid Hakim …. Daughter 5. Raiyyaan Maulid Tsutsu …. Daughter 6. Rama Hakim Tsutsu …. Full Brother 7. Abdallah Hakimu Tsutsu …. Full Brother 8. Miselemani Hakimu Tsutsu …. Full sister 9. Mejumaa Hakim Tsutsu …. Full sister 10. Mohamed Hakim Tsutsu …. Full brother 11. Mwanaisha Hakim Tsutsu …. Full sister 12. Mwalimu Hakim Tsutsu …. Full brother In determining the rightful shares of inheritance, the court’s attention is drawn to Holy Quran chapter 4 verses 11, 12 and 176. ***“Allah instructs you concerning your children: (i.e. their portions of inheritance) for the male, what is equal to the shares of two females. But if there are (only) daughters, two or more, for them is two thirds of one’s estate. And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children …” Q: 4:11*** ***“In that which you leave their (your wives) share is a fourth if you leave no child; but if you leave a child they get an eighth of that which you leave after payment of legacies you may have bequeathed or debts”. Q 4:12.*** ***“They ask you for a legal verdict. Say: “Allah directs (thus) about Al-Kalalah (those who leave neither descendants nor ascendants as heirs). If it is a man that dies leaving a sister, but no child, she shall have half the inheritance. If (such deceased was) a woman, who left no child, her brother takes her inheritance. If they are two sisters, they shall have two-thirds of the inheritance; if they are brothers and sisters, the male will have twice the share of the female. (Thus) does Allah make clear to you (His Law) lest you go astray. And Allah is the All-knower of everything”. Q: 4:176*** The above verses do specify that a mother is sixth share in the presence of children of the deceased herein, widow is entitled to an eighth share of her late husband estate in the event her late husband left behind children whether from her and/or from other women. That the other verse does specify that two or more daughter of for them is two thirds of one’s Estate. That the other verse does specify that the siblings of the deceased inherits the Estate in a manner that the male will have twice the share of the female. In the instant matter the blood sibling also inherits the Estate of the deceased together with the deceased’s mother, widow and the daughters. This is because the Deceased had no male child, therefore, after the mother, widow, and the daughters takes their fixed shares, the balance will be inherited by the siblings. In nutshell this Honorable court hold the following terms: 1. THAT the parcel of land known as **KWALE/GALU KINONDO/2096, KWALE/GALU KINONDO/2470, KWALE/GALU KINONDO/2499 & KWALE/GALU KINONDO/2521** constitute the Estate of the Deceased herein. 1. THAT the rightful heirs of the Deceased herein and their share are as follows: 1. Ann Wanjiru Wangai …. Widow 2. Halima Hakimu Dudua …. Mother 3. Aisha Maulid Hakim …. Daughter 4. Kauthar Maulid Hakim …. Daughter 5. Raiyyaan Maulid Tsutsu …. Daughter 6. Rama Hakim Tsutsu …. Full Brother 7. Abdallah Hakimu Tsutsu …. Full Brother 8. Miselemani Hakimu Tsutsu …. Full sister 9. Mejumaa Hakim Tsutsu …. Full sister 10. Mohamed Hakim Tsutsu …. Full brother 11. Mwanaisha Hakim Tsutsu …. Full sister 12. Mwalimu Hakim Tsutsu …. Full brother 2. THAT the mother is entitled to 132/792 (16.67%), widow is entitled to 99/792 (12.5%), Each daughter is entitled to 176/792 (22.22%), each full brother is entitled to 6/792 (0.76%) and that each full sister is entitled to 3/792 (0.38%). 3. THAT this Honourable court is hereby pleased to vest the estate property in the heirs in their respective shares. 4. THAT this Honourable Court is hereby pleased to appoint **ANN WANJIRU WANGAI of** **ID/NO. 27937654** as Administrator of the Estate of the Deceased herein. 1. That the County Land Registrar, Kwale, to transmit the Estate property through **ANN WANJIRU WANGAI of ID/NO. 27937654** as Trustee. 2. THAT the Honorable court is hereby pleased to grant the Administrator leave to transfer if necessary the properties to the beneficiaries and/or nominees. 3. THAT the Honorable court is hereby pleased to grant leave to the Administrator to sell and/or transfer the properties to any third party and to execute all documents to effect such sale and/or transfer. These are orders of the court. **Dated, signed and delivered in the open court on this 13th Day of August, 2026. HON. HABIB SALIM VUMBI** **SENIOR PRINCIPAL KADHI** **Delivered in the open court in the presence of the following: - Mr. Shaffi Mwahima …. Court Assistant** **Petitioners ……………………………………….** SIGNED BY/FOR: **□ TH E JUDICIAR Y O F KENY A ★** **HON.HABIB SALIM VUMBI(SPK)** Kwale Kadhi Court Kadhi Court Date: 2026-08-13 10:54:49