https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/12

 REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E133/2026 IN THE MATTER OF ESTATE OF SULEIMAN JUHA SULEIMAN MWAKUNYUA ALIAS SULEMAN JUHA SULEMAN( DECEASED): PETITIONER; ATHUMANI SULEIMAN JUHA 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 through the firm Messrs Kisiwa Koja & Company Advocates moved this Honorable court vide an uncontested succession petition dated 22nd of July, 2026. The Petition was accompanied by a verifying affidavit; petitioner’s statement, list of witnesses, and list of documents attaching certificate of death, copy of the certificate of Official search dated 21st June, 2026, family consent dated 3rd July, 2026, a letter dated 3rd of July from the Ng’ombeni Assistant chief, and copies of identity cards of the petitioner and heirs. The Petitioner herein moved this Honorable court seeking the following orders: 1. Vesting Orders transferring the Estate property to Athumani Suleimani Juha of ID/NO. 11243691 and Mohamed Bakari Zimo of ID/NO. 2253056 registered proprietor who is alive. The Petitioner herein pleaded that the Deceased herein passed away a Muslim and intestate on the 12th March, 2020 at CPGH as it appears in the certificate of death attached hereto. That upon his death he was survived by the following: 1. Mohamed Suleman Juha …. Son 2. Athumani Suleimani Juha …. Son 3. Kadide Suleiman Mwakunyua …. Daughter 4. Suleiman Tsolozi Suleman …. Son The Petitioner pleaded that the deceased had no liabilities/debts at the time of his death and that during his lifetime had acquired a property known as KWALE/NG’OMBENI/1693. The matter was heard on the 05th August, 2026. The Petitioner stated that the deceased herein is his late father. He stated exactly what was pleaded in the pleadings. He further stated that the family convened a meeting and resolved that the deceased’s name be removed from the title and replaced with his name as Trustee. He avers that the distribution of the Estate be effected in equal shares amongst the heirs. Mohamed Suleiman Juha, Kadide Suleiman Mwakunyua and Suleiman Tsolozi Suleiman all who happens to be children of the deceased and siblings to the petitioner recorded their statements. They stated that they have no objection for the petitioner replacing the deceased’s name in the title number KWALE/NG’OMBENI/1693 as trustee. Mohamed Bakari Zimu also recorded statement. He stated that the deceased is his late brother. He contends that the said parcel of land suit property is co-owned by him and the deceased herein in equal share. He avers that the property was gifted to them by their uncle. 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 Estate of the Deceased 2. Who are the rightful heirs of the Estate of the Deceased? 3. Mode of Distribution 4. Whether the Honourable court should remove the deceased’s name from the title number KWALE/NG’OMBENI/1693, and replace with the Petitioner In regard to the issue of what constitute the Estate of the estate of the deceased, based on the pleadings specifically para 6 of the petition, title number KWALE/NG’OMBENI/1693, certificate of official search dated 21st July, 2026 and the evidence adduced in court, the parcel of land known as KWALE/NG’OMBENI/1693 is registered under the name of the deceased herein together with one Mohamed Bakari Zimo as the absolute proprietors. In determining the issue based on the aforesaid above, this Honourable court is pleased to declare that the deceased herein has undivided half share from the parcel of land known as KWALE/NG’OMBENI/1693 as part of his Estate. 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 5 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. 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 rightful heirs of the Deceased herein are as follows: 1. Mohamed Suleman Juha …. Son 2. Athumani Suleimani Juha …. Son 3. Kadide Suleiman Mwakunyua …. Daughter 4. Suleiman Tsolozi Suleman …. Son 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 rightful heirs are four (4) issues; three (3) sons and a daughter. According, the share of a brother is twice the share of his sister. However, during the hearings the Petitioner and the other heirs stated that they have agreed to the effect that the Estate property be distributed in equal shares amongst the male and female heirs. In nutshell this Honorable court hold the following terms: 1. THAT the undivided share from the parcel of land known as **KWALE/NG’OMBENI/1693** forms part of the estate of the Deceased herein. 1. THAT the rightful heirs of the Deceased herein and that they inherit the Estate property in equal shares: 1. Mohamed Suleman Juha …. Son 2. Athumani Suleimani Juha …. Son 3. Kadide Suleiman Mwakunyua …. Daughter 4. Suleiman Tsolozi Suleman …. Son 2. THAT this Honorable court is hereby pleased to vest the Estate property in the heirs in their respective shares. 3. THAT the County Land Registrar, Kwale be and hereby directed to remove the deceased’s name from the property title number KWALE/NG’OMBENI/1693 with the petitioner **Athumani Suleimani Juha of ID/NO. 11243691 as Trustee.** 1. THAT the County Land Registrar, Kwale, be and hereby ordered to issue title deed is respect to Estate property being KWALE/NG’OMBENI/1693 in the following names; **ATHUMANI SULEIMANI JUHA of ID/NO. 11243691 and MOHAMED BAKARI ZIMO** **of ID/NO. 2253056.** 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** **Mr. Wanyangu Advocate for the Petitioner** 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 11:07:12