https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/7

 REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E113/2026 IN THE MATTER OF ESTATE OF HADIJA ALI NRANGU: PETITIONER; MWANAMINA ALI MWACHIRIMRA 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 Honorable court vide an uncontested succession petition dated 23rd of June, 2026. The Petition was accompanied by a verifying affidavit; petitioner’s statement, list of witnesses, and list of documents attaching certificate of death for the Deceased herein, title deed number KWALE/KOMBANI S. S/1387, certificate of official search dated 9th June, 2026, family consent dated 20th June, 2026, chief’s letter dated 19th June, 2026 and copies of identity cards of the petitioner and heirs. The Petitioner herein moved this Honorable court seeking the following orders: a) Determination of succession Orders 1. Distribution of Heirs according to Islamic Law 2. Vesting Orders of Estate to heirs The Petitioner herein pleaded that the Deceased passed away a Muslim and intestate on the 30th August, 2025 at Msambweni Referral Hospital as it appears certificate of death attached hereto. That the deceased herein at the time of her death had no liabilities/debts and was survived by the following: 1. Mwanamina Ali Mwachirimra …. Daughter 2. Umi Ali Mwachirimira …. Daughter 3. Sofia Ali Mwachirimira …. Daughter 4. Zaituni Ali Mwachirimira …. Daughter 5. Abdulkadir Ali Salim …. Son 6. Salma Ali Mwachirimira …. Daughter 7. Adam Mwachirimira …. Son 8. Mwanasia Ali Mwachirimira …. Daughter 9. Mebakari Ali Mwachirimira …. Daughter The Petitioner stated that the deceased herein during her lifetime owned parcel of land known as KWALE/KOMBANI S. S/1387 as her sole property. The matter was heard on the 7th July, 2026. The Petitioner stated that the deceased herein is her late mother. She stated exactly what was pleaded in the pleadings. She further stated that the Deceased was survived by nine (9) issues; seven (7) daughters and two (2) sons. She contends that the deceased left a parcel of land at Kombani. She further contends that the family convened a meeting and proposed the property be transmitted through her name together with Adam Mwachirimira and Zaituni Ali Mwachirimira as Trustees. She avers that the distribution be effected in equal shares. Adam Mwachirimira, Umi Ali Mwachirimira, Sofia Ali Mwachirimira, Mebakari Ali Mebakari, Salma Ali Mwachirimira, Mwanasia Ali Mwachirimira and Zaituni Ali Mwachirimira who happens to be siblings and children of the deceased herein, all appeared in court and recorded their statements. In their statements they confirmed that the Deceased is their late mother and that the Petitioner is their sibling. They further stated that their late mother had owned a property known as KWALE/KOMBANI S. S/1387. They confirmed that the family convened a meeting and proposed that the Estate property be transmitted through the names of the Petitioner herein, Adam Mwachirimira and Zaituni Ali Mwachirimira as Trustees. They further stated that the distribution of the Estate property be effected in equal shares. On the 21st July, 2026 one Abdulkadir Ali Salim who happens to a son of the Deceased herein and a sibling to the Petitioner also testified. He stated that his late mother was blessed with ten (10) issues, however, one of the issues predeceased the deceased herein. He stated that the distribution be in accordance with the Islamic law of inheritance. He further stated that the Estate property be transmitted through his name and the name of the Petitioner herein. He suggested that the Court to devolve the share of their late sister BintiAli Ali Mwachirimira to her children. 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 considered the pleadings and the oral submission and this Honorable court frames the following as issues for determination: 1. What constitute the Estate of the Deceased 2. Who are the rightful heirs of the Estate of the Deceased? 3. Mode of Distribution In regard to the issue of what constitute the Estate of the estate of the deceased, based on the pleadings specifically the material evidence title deed number KWALE/KOMBANI S. S/1387 and the certificate of official search dated 9th of June, 2026, and the evidence adduced in court, the parcel of land known as KWALE/KOMBANI S. S/1387 the Deceased herein is the absolute registered owner is all that property. In determining the issue based on the aforesaid above, this Honourable court is pleased to declare that the parcel of land known as KWALE/KOMBANI S. S/1387 forms part of the Estate of the deceased herein. In regards to the issue of who are the rightful heirs of the deceased, it is not in dispute that the persons mentioned and reproduced by the Petitioner in Para 3 of the petition are the rightful heirs of the Deceased herein. 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. Based on the foregoing I do hereby pleased to declare that the rightful heirs of the Deceased herein are as follows: 1. Mwanamina Ali Mwachirimra …. Daughter 2. Umi Ali Mwachirimira …. Daughter 3. Sofia Ali Mwachirimira …. Daughter 4. Zaituni Ali Mwachirimira …. Daughter 5. Abdulkadir Ali Salim …. Son 6. Salma Ali Mwachirimira …. Daughter 7. Adam Mwachirimira …. Son 8. Mwanasia Ali Mwachirimira …. Daughter 9. Mebakari Ali Mwachirimira …. Daughter In determining the rightful shares of inheritance, the court’s attention is drawn to Holy Quran chapter 4 verses 11. **“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** The above verses do specify that the Deceased children inherits the Estate in a manner that a share of a son is twice the share of a Daughter. In the instant matter the heirs are nine (9), siblings; two (2) brothers and seven (7) sisters, therefore, the Estate will be distributed in a manner that a share of a brother is twice the share of his sister inherit. Nevertheless, given the Qur’anic specification, it appears that, male siblings inherit double the amount inherited by his sister but there is one vital justification on variations. The amount inherited by the sister is a net amount added to her wealth. This is a consequence of the rule of maintenance under Islamic law; women have no duty to maintain themselves or others while males are obliged to support them. A woman has exclusive right of disposal over her property where she inherits it or earns it. She has no financial obligation/liability of maintaining over her children. The husband is bound to maintain her and her children however considerable her wealth may be. The amount inherited by a brother is a gross amount from which he will have to deduct the expenses of supporting the various women, elderly men and children in the family. Thus, the share given to a man is in proportion to his responsibilities and not due to any superiority over the female. ***In Ibrahim Aboobaker and Anor. Vs. Teik Chand Dolwan and Others. Reported in AIR 1953 SC 298; (1954) 56 BOMLR6 wherein is stated that:*** ***“It’s well recognized proportion of law that the estate of a deceased Mohammedan devolves on his heirs in specific shares at the moment of his death……”*** These facts illustrate what jurists have known all along namely that inheritance law under Islamic law are quite complicated and cannot be reduced to a single slogan. It is the view of the court that the provision of Mawarith (succession) given each heir his divinely fixed shares. In nutshell this Honorable court hold the following terms: 1. THAT the parcel of land known as **KWALE/KOMBANI S. S/1387** forms part of the estate of the Deceased herein. 2. THAT the rightful heirs of the Deceased herein and their shares are as follows: a) Mwanamina Ali Mwachirimra …. Daughter 3. Umi Ali Mwachirimira …. Daughter 4. Sofia Ali Mwachirimira …. Daughter 5. Zaituni Ali Mwachirimira …. Daughter 6. Abdulkadir Ali Salim …. Son 7. Salma Ali Mwachirimira …. Daughter 8. Adam Mwachirimira …. Son 9. Mwanasia Ali Mwachirimira …. Daughter 10. Mebakari Ali Mwachirimira …. Daughter 11. THAT the share of each son is 2/11 and that the share of each daughter is 1/11. 12. THAT this Honorable court is hereby pleased to vest the Estate property in the heirs intheir respective shares. 13. THAT this Honourable court is hereby pleased to appoint **MWANAMINA ALI MWACHIRIMRA of ID/NO. 6733569, ADAM MWACHIRIMIRA of ID/NO. 22604780 and ZAITUNI ALI MWACHIRIMIRA of ID/NO. 11244999 as Administrators** of the Estate of the Deceased herein. 1. THAT the Land Registrar Kwale be and hereby directed to transmit the estate propertybeing **KWALE/KOMBANI S. S/1387** through **MWANAMINA ALI MWACHIRIMRA of ID/NO. 6733569, ADAM MWACHIRIMIRA of ID/NO. 22604780 and ZAITUNI ALI MWACHIRIMIRA of ID/NO. 11244999 as Trustees.** 2. THAT the Honorable court is pleased to grant the Administrators leave to transfer ifnecessary the property to the beneficiaries and/or nominees. 3. THAT the Honorable court is hereby pleased to grant leave to the Administrators to selland/or transfer the property 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 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 10:59:44 |