https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/9

 REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E134/2026 IN THE MATTER OF ESTATE OF MOHAMED ISSA LOO: PETITIONERS; NURIA MOHAMED ISSA, MZEE MOHAMED ISSA 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. This is an uncontested succession petition. The petitioner while in person filed this Succession Petition dated 24th July, 2026. The petition was accompanied by a verifying affidavit, Petitioner’s statement, and Petitioner’s list of documents attaching certificate of death of the deceased herein, letter from the area chief dated 7th July, 2026, copy of green card dated 3rd July, 2025, and copies of identity cards. The petitioner herein prayed the court the following prayers: 1. A declaration that the Petitioner is the rightful heir and administrator of the deceasedproperty. 2. Distribution of the deceased property. 3. Any other relief as this court deems fit to grant. **MOHAMED ISSA LOO** passed away intestate and a Muslim on the 2nd of January, 2023 at Malindi Hospital, Malindi as it appears in the certificate of death attached hereto. On the face of the petition specifically at Para 5 the petitioner herein pleaded that the Deceased upon her death was survived by the following: a) Issa Mohamed Issa …. Son 1. Bwanamad Mohamed Issa …. Son 2. Tiro Mohamed Issa …. Son 3. Mzee Mohamed Issa …. Son 4. Nuria Mohamed Issa …. Daughter At the time of **MOHAMED ISSA LOO’S** death, he left the following unencumbered and available properties: 1. KWALE/KUNDUTSI “B”/1296 2. LUNGA/LUNGA/MAHURUNI/616 The Petitioner pleaded that the Deceased herein at the time of his death had no liabilities /debts. 1st Petitioner herein was heard on the 27th July, 2026. The Petitioner stated exactly what was pleaded in the Petition. The Petitioner further stated that the deceased is her late father and that upon his death he was survived by five (5) issues; four (4) sons and a daughter. She avers that Issa Mohamed Loo and Bwanamad Mohamed Loo are suffering from mental impairment. She further avers that Tiro Mohamed Loo is in the Kingdom of Saudi Arabia working for gain, however, he is aware of the court proceedings. She contends that they convened a family meeting and resolved that the Estate property be transmitted through her name, Mzee Mohamed Loo and Tiro Mohamed Loo as Trustees and that the distribution be effected in equal shares amongst the rightful heirs. The 2nd Petitioner stated that the deceased is his late father and that the 1st Petitioner is his sister. He stated that his two brother Issa Mohamed Loo and Bwanamad Mohamed Loo have mental impairment and are taken care off by his wife and children in Lamu. He further stated that the Estate properties be transmitted through the names of the Petitioners and Tiro Mohamed Loo. He contends that the distribution of the Estate properties be effected in equal shares. Muslim law didn’t recognize the concept of administration/trustee of estate. In contrary, it has laid down machinery for the administration of the estate of the deceased among the legatees and the heirs. The concept of administration of estate was introduced in Kenya for the first time by the British rule. 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: a) Collecting and preserving the estate of the deceased. 1. Paying all charges against the estate. 2. Paying debts and legacies 3. 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 carefully considered the pleadings together with the oral submission of the Petitioner herein and this Honorable court frames the following as issues for determination: 1. Whether or not this Honourable Court should appoint NURIA MOHAMED ISSA & MZEEMOHAMED ISSA as Administrators of the estate of the Deceased herein. 2. What constitute the estate of the deceased herein 3. Who are the deceased rightful heirs and their shares? 4. Mode of distribution On the issue of appointing NURIA MOHAMED ISSA & MZEE MOHAMED ISSA as Administrators of the estate of the deceased herein, it is clear from the evidence adduced in court that the Petitioners herein be appointed as administrators. In their statements they confirmed the family meeting and the proposed names to be appointed as administrators of the estate of the Deceased and the two be registered in the title deed as Trustees. For the above reasons the court is pleased to appoint **NURIA MOHAMED ISSA of ID/NO. 12894590 & MZEE MOHAMED ISSA of ID/NO. 21671295 as Administrators** of the Estate of the Deceased herein. However, for the issuance of grant of letters of Administration Intestate, I do hereby advise the Petitioner to follow the due process of P & A. In regard to the issue of what constitute the Estate of the Deceased herein, from the Succession petition specifically, Para 7 of the Petition together with the documentary evidence specifically the green cards both dated 3rd July, 2026, and the evidence adduced in court, it is clear that the properties known as **KWAKE/KUNDUTSI “B”/1296 & LUNGA LUNGA/MUHURUNI/616** were registered in the name of the deceased herein as sole proprietor. In determining the issue based on the evidence this Honourable court is hereby pleased to declare that the two parcels of land known as **KWALE/KUNDUTSI “B”/1296 & LUNGA LUNGA/MAHURUNI/616** forms part of the Estate of the deceased herein. In regard to the issue of who are the rightful heirs of the deceased, from the pleadings and the uncontroverted evidence adduced in court, it is clear that upon the death of the Deceased he was survived by five (5) issues; four (4) sons and a daughter. 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. 3. **Existing Estate (Al- Mawruth):** There must be property, assets, or rights left by the deceased to be inherited. 4. **Valid Relationship:** The relationship (blood or marriage) must be legitimate. Adopted children do not inherit. In determining the rightful heir of the Deceased herein, this Honorable court is hereby pleased to declare that the following are the rightful heirs of the deceased herein: a) Issa Mohamed Issa …. Son 1. Bwanamad Mohamed Issa …. Son 2. Tiro Mohamed Issa …. Son 3. Mzee Mohamed Issa …. Son 4. Nuria Mohamed Issa …. Daughter In regard to the issue of the mode of distribution, the Petitioners herein stated that the distribution be effected in equal share. In nutshell this Honorable court in determining this matter holds the following terms: 1. THAT the parcels of land known as **KWALE/KUNDUTSI “B”/1296 & LUNGA LUNGA/MUHURUNI/616** constitute the Estate of the Deceased herein. 2. THAT the rightful heirs of the Deceased herein and their shares are as follows: a) Issa Mohamed Issa …. Son 3. Bwanamad Mohamed Issa …. Son 4. Tiro Mohamed Issa …. Son 5. Mzee Mohamed Issa …. Son 6. Nuria Mohamed Issa …. Daughter 7. THAT the share of each is heirs 1/5 8. THAT this Honourable Court is hereby pleased to vest the Estate properties in the heirsin their respective shares. 9. That this Honourable court is hereby pleased to appoint the **NURIA MOHAMED ISSA of ID/NO. 12894590 & MZEE MOHAMED ISSA of ID/NO. 21671295** as Administrators of the Estate of the Deceased herein. 10. That the County Land Registrar, Kwale, to transmit the Estate properties through **NURIA MOHAMED ISSA of ID/NO. 12894590, MZEE MOHAMED ISSA of ID/NO. 21671295 & TIRO MOHAMED ISSA of ID/NO. 9353922 as Trustees.** These are orders of the court. **Dated, signed and delivered in the open court on this 30th Day of July, 2026** **HON. HABIB SALIM VUMBI** **SENIOR PRINCIPAL KADHI** **Delivered in the open court in the presence of the following: -** **Mr. Shaffi Mwahima …. Court Assistant** **Petitioner …………………………………………….** SIGNED BY/FOR: | | | --- | | **★ THE JUDICIARY OF KENYA ★** **HON.HABIB SALIM VUMBI(SPK)** Kwale Kadhi Court Kadhi Court Date: 2026-07-30 10:42:29 |