https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/14

 REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E100/2026 IN THE MATTER OF ESTATE OF MISHI ABDALLAH NGADI ALIAS MISHI MWAKUREYA: PETITIONER; MARYAMU ABDALLA MWAGELE ALIAS MARYAMU JUMA MAHUNDU 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 Amended Succession Petition. The Petitioner herein while in person filed this Succession Petition on the 7th 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, certificate of official search dated 19th November, 2024, letter from the area chief dated 7th April, 2026, and copy of identity card. The petitioner herein prayed the court the following prayers: 1. That the deceased’s Estate be distributed according to the Islamic Shariah. 2. That MARYAMU ABDALLA MWAGELE aka MARIAMU MWAKUREYA be appointed as Administrator of the deceased’s Estate for the purposes of administration. 1. The identification of the deceased heir 2. The Land Registrar at Kwale Land Registry do remove the deceased’s name from the titledocument. 3. The Land Registrar to register the title by way of transmission in the names of thebeneficiaries according to their shares. **MISHI ABDALLAH NGADI Alias MISHI MWAKUREYA** passed away on the 18th June, 2000 at her residence at Ng’ombeni Location, Matuga Sub-County within Kwale County as it appears in the certificate of death attached hereto. On the face of the petition specifically at Para 2 the petitioner herein pleaded that the deceased upon her death was survived by the following: a) Mwanassiti Ali Selewa …. Daughter b) Maryamu Abdalla Mwagele aka Mariamu Juma Mahundu …. Sister The Petitioner herein pleased that during the lifetime of the deceased herein she was registered as amongst the owners of the parcel of land known as KWALE/NG’OMBENI/2192. The Petitioner herein was heard on the 21st of July, 2026. The Petitioner stated exactly what was pleaded in the Petition. She stated that the property was meant for the female children of her late sister. She further stated that the share of her sister be transferred to her daughter MWANASITI ALI SELEWA. Pw1 was Mwanassiti Ali Selewa who happens to be a daughter of the deceased herein. She stated that the Deceased herein is her late mother and that the Petitioner is her cousin sister. She further stated that the property parcel of land known as KWALE/NG’OMBENI/2192 was a property co-owned by her late mother together with her siblings including the Petitioner herein. Pw2 was Bakari Juma Mwatunza who happens to be a son of the Deceased herein and a brother to the Petitioner herein. He stated that the parcel of land is always benefiting the female children. He further stated that according to the Digo culture and tradition, there is a concept well known and appreciated that there be an arrangement of a parcel of land specifically for female children of a certain family. That the concept entails that only female children benefit from the said parcel of land and it is transferred from one generation to another. 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. What constitute the estate of the deceased herein 2. Who are the deceased rightful heirs and their shares? 3. Mode of distribution In regard to the issue of what constitute the Estate of the deceased herein, from the Succession petition specifically Para 3 of the Petition together with the documentary evidence specifically the certificate of official search dated 19th of November, 2024 and the evidence adduced in court, it is clear that the parcel of land known as KWALE/NG’OMBENI/2192 was registered in the names BIDALA MWAKUREYA (deceased herein), MISHI MWAKUREYA and MARIAMU JUMA MAHUNDU as proprietors in common in equal shares. Having found that, this Honourable court do hereby declare that the deceased herein has a share in parcel of land known as KWALE/NG’OMBENI/2192, the said share forms part of her Estate. 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 the Mwnamiti Ali Selewa is the only female child of the deceased herein. Therefore, Mwanasiti Ali Selewa will inherit the share of her late mother, the decease herein. Based on the foregoing this Honorable court hold that the Petitioner in the sole rightful heir of the estate of the Deceased. In determining shares of inheritance of the heirs, the court’s attention is drawn to Holy Quran chapter 4 verses 11 and 12. ***“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*** That the verse does specify that the children of a deceased person inherits the estate in manner that a share of a male child is what is equivalent to two shares of a female child. In the instant matter the rightful heir is only one, the Petitioner herein, therefore, she inherits the whole estate. In nutshell this Honorable court in determining this matter holds the following terms: 1) THAT the Deceased herein has undivided share from the parcel of land known as **KWALE/NG’OMBENI/2192.** 1. THAT **MWANASITI ALI SELEWA** is the rightful heir of the deceased and she inherits the share of the Deceased herein. 2. THAT this Honorable court is hereby pleased to vest the estate property in **MWANASITI ALI SELEWA.** 3. THAT the County Land Registrar, Kwale to remove the deceased’s name from theregistration of the parcel of land known as **KWALE/NG’OMBENI/2192.** 4. THAT the County Land Registrar, Kwale, to transmit the parcel of land known as**KWALE/NG’OMBENI/2192** through **MARYAMU ABDALLA MWAGELE aka MARIAMU JUMA MAHUNDU of ID/NO. 1017238 and MWANASITI ALI SELEWA of ID/NO.** **2196252.** 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 10:52:52 |