https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/6

 REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E135/2026 IN THE MATTER OF THE ESTATE OF MOHAMED BAKARI MWACHENGA: PETITIONERS; MWANASITI MOHAMED MWACHENGA, RAJAB MOHAMED MAVUO 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 petitioners herein while in persons moved this Honourable court vide an uncontested petition dated 28th of April, 2026 and filed in court on the 27th July, 2026. The petition was accompanied by a verifying affidavit; Petitioner’s statement, list of witnesses, list of documents attaching a certificate of death for the deceased herein, letter dated 9th April, 2026 from the Kinondo chief’s office, certificate of official search dated 16th April, 2026, family consent dated 9th April, 2026 and copies of identification of the heirs. 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 Estate. 3. Any other order deemed just to grant by the Honourable Court. **MOHAMED BAKARI MWACHENGA** passed away a Muslim and intestate on 4th April, 2025 at his residence in Kinondo Location within Msambweni Sub-County as it appears in certificate of death attached hereto. On the face of the petition specifically at Para 6 the petitioner herein pleaded that the Deceased upon his death was survived by the following: a) Mwanasiti Mohamed Mwachenga …. Daughter 1. Rajab Mohamed Mavuo …. Son 2. Dafaa Mohamed Mavuo …. Daughter 3. Neema Mohamed Mavuo …. Daughter 4. Mwanamisi Mohamed Mavuo …. Daughter 5. Sikukuu Mohamed Mavuo …. Daughter 6. Mwanajuma Mohamed Mavuo …. Daughter 7. Bakari Mohamed Mavuo …. Son 8. Juma Mohamed Mavuo …. Son 9. Salim Mohamed Mavuo …. Son At the time of **MOHAMED BAKARI MWACHENGA’S** death, he left the following unencumbered and available property known as **KWALE/MWABUNGO S. S/724.** The Petitioners herein pleaded that the deceased herein at the time of his death had no liabilities/debts. They stated that the heirs unanimously agreed and proposed the appointment of MWANASITI MOHAMED MWACHENGA, RAJAB MOHAMED MAVUO, DAFAA MOHAMED MAVUO, NEEMA MOHAMED MAVUO and MWANAMISI MOHAMED MAVUO as administrators of the Estate of the deceased and that the Estate property be transmitted through their names as Trustees. The matter was heard on the 28th of July, 2026. The Petitioners herein were heard and stated exactly what was pleaded in the petition. 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 considered the pleadings and the oral submission and this Honorable court frames the following as issues for determination: a) Whether this Honourable Court should appoint MWANASITI MOHAMED MWACHENGA, RAJAB MOHAMED MAVUO, DAFAA MOHAMED MAVUO, NEEMA MOHAMED MAVUO and MWANAMISI MOHAMED MAVUO as administrators of the Estate of the Deceased herein b) What constitute the Deceased estate 1. Who are the rightful heirs of the Estate of the Deceased? 2. Mode of Distribution On the issue of appointing MWANASITI MOHAMED MWACHENGA, RAJAB MOHAMED MAVUO, DAFAA MOHAMED MAVUO, NEEMA MOHAMED MAVUO and MWANAMISI MOHAMED MAVUO as administrators of the estate of the deceased herein, it is clear from the pleadings and the evidence adduced in court that there is consensus by the family members on the issue. The petitioner also presented a family consent dated 9th April, 2026 showing all had appended their signatures in support of the issue. For the above reasons the court is pleased to appoint **MWANASITI MOHAMED MWACHENGA of ID/NO. 13281790, RAJAB MOHAMED MAVUO of ID/NO. 29438462, DAFAA MOHAMED MAVUO of ID/NO. 27452582, NEEMA MOHAMED MAVUO of ID/NO. 31093481 and MWANAMISI MOHAMED MAVUO of ID/NO.** **26189675** 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 regards to the issue of what constitute the deceased Estate, looking at the pleadings specifically Para 8 of the petition, the oral submission together with the documentary evidence presented in court by the Petitioner specifically the certificate of official search dated 16th April, 2026, it is clear that the parcel of land known as KWALE/MWABUNGO S. S/724 is registered under 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 parcel of land known as KWALE/MWABUNGO S. S/724 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 ten (10) isssues; six (6) daughters and four (4) sons. 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 following are the rightful heirs of the deceased herein: 1. Mwanasiti Mohamed Mwachenga …. Daughter 2. Rajab Mohamed Mavuo …. Son 3. Dafaa Mohamed Mavuo …. Daughter 4. Neema Mohamed Mavuo …. Daughter 5. Mwanamisi Mohamed Mavuo …. Daughter 6. Sikukuu Mohamed Mavuo …. Daughter 7. Mwanajuma Mohamed Mavuo …. Daughter 8. Bakari Mohamed Mavuo …. Son 9. Juma Mohamed Mavuo …. Son 10. Salim Mohamed Mavuo …. 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*** That the verse does specify that the children of a deceased Muslim inherit the Estate in a manner that a bother inherits twice the share of his sister inherit. In nutshell this Honorable court hold the following terms: 1. THAT the parcel of land known as **KWALE/MWABUNGO S. S/724** constitute the Estate of the Deceased herein. 2. THAT the rightful heirs of the Deceased herein and their share are as follows: a) Mwanasiti Mohamed Mwachenga …. Daughter 3. Rajab Mohamed Mavuo …. Son 4. Dafaa Mohamed Mavuo …. Daughter 5. Neema Mohamed Mavuo …. Daughter 6. Mwanamisi Mohamed Mavuo …. Daughter 7. Sikukuu Mohamed Mavuo …. Daughter 8. Mwanajuma Mohamed Mavuo …. Daughter 9. Bakari Mohamed Mavuo …. Son 10. Juma Mohamed Mavuo …. Son 11. Salim Mohamed Mavuo …. Son  Each Son inherits is entitled to 2/14 and that each daughter is entitled to 1/14. 1. THAT this Honourable court is hereby pleased to vest the estate property in the heirs intheir respective shares. 2. THAT this Honourable Court is hereby pleased to appoint **MWANASITI MOHAMED MWACHENGA of ID/NO. 13281790, RAJAB MOHAMED MAVUO of ID/NO. 29438462, DAFAA MOHAMED MAVUO of ID/NO. 27452582, NEEMA MOHAMED MAVUO of ID/NO. 31093481 and MWANAMISI MOHAMED MAVUO of ID/NO.** **26189675 as administrators** of the Estate of the Deceased herein. 1. That the County Land Registrar, Kwale, to transmit the Estate property through **MWANASITI MOHAMED MWACHENGA of ID/NO. 13281790, RAJAB MOHAMED MAVUO of ID/NO. 29438462, DAFAA MOHAMED MAVUO of ID/NO. 27452582, NEEMA MOHAMED MAVUO of ID/NO. 31093481 and MWANAMISI MOHAMED** **MAVUO of ID/NO. 26189675 as Trustees.** 1. THAT the Honorable court is pleased to grant the Administrator leave to transfer ifnecessary the property to the beneficiaries and/or nominees. 2. THAT the Honorable court is hereby pleased to grant leave to the Administrator 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 Petitioners ……………………………………….** SIGNED BY/FOR: | | | --- | | **★ THE JUDICIARY OF KENYA ★** **HON.HABIB SALIM VUMBI(SPK)** Kwale Kadhi Court Kadhi Court Date: 2026-07-30 10:38:27 |