https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/8

 REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E094/2026 IN THE MATTER OF ESTATE OF NZANO DADU GANGA: PETITIONERS; DADU HINZANO, MUMBA HINZANO 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 who is a son of the deceased herein. The Petitioner herein filed this petition on 13th of May, 2026. The petition was accompanied by a verifying affidavit; list of witnesses, list of documents attaching copies certificate of death for the deceased’s person, letter dated 6th May, 2026 from the chief’s office, copy of title No. KWALE/GOLINI/1122, certificates of official searches, family consent and copies of identification of the heirs. The petitioner herein prayed the court the following prayers: - 1. A declaration that the Petitioners together with their siblings are the rightful heirs andadministrators of the deceased property 2. Distribution of the Deceased property 3. Any other relief as this court deems fit to grant. **NZANO DADU GANGA** passed away a Muslim and intestate on the 29th July, 2011 at his Mlafyeni Sub-location, Mwaluphamba Location within Matuga Sub - County as it appears in the certificate of death attached hereto. On the face of the petition specifically at Para 6 the petitioners herein mentioned the heirs of the Deceased persons reproduced as follow: a) Uchi Hinzano Dadu …. Widow 1. Mumba Hinzano …. Son 2. Dadu Hinzano …. Son 3. Ngala Hinzano …. Son 4. Anzazi Hinzano Dadu …. Daughter 5. Mwanajuma Hinzano Dadu …. Daughter The matter was heard on 20th July, 2026. The 1st Petitioner herein was heard and he stated exactly what was pleaded in the petition. He stated that the Deceased herein is his late father and that upon his death was survived a widow and five (5) children; two (2) sons and three (3) daughters. He stated that his late father was registered in the parcel of land KWALE/KIRAZINI “A” ADJUDICATION/88 as a sole proprietor. He contends that as family they convened a meeting and proposed that the Estate property be transmitted through the Heirs. He stated that the distribution be based on the Islamic Law of inheritance. The 2nd Petitioner herein was heard on the same date and he stated that the Deceased herein is his late father. His statement was similar to the statement of the 1st Petitioner. It was like word for word. Ngala Hinzano (son), Uchi Hinzao (widow), Anzazi Hinzano (daughter) and Mwanajuma Hinzano (daughter) all appeared in court and recorded their statements. They stated that the statement recorded by the petitioners is accurate and true. 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) What constitute the Deceased estate 1. Who are the rightful heirs of the Estate of the Deceased? 2. Mode of Distribution On the first issue, from the pleadings and the evidence adduced in court together with the material evidence presented in court specifically the certificate of official search dated 8th May, 2026, it is crystal clear that the parcel of land known as KWALE/KIRAZINI “A”/88 is duly registered under the name of the deceased herein as sole proprietor. In determining the issue this Honourable court is hereby pleased to declare that the parcel of land known as KWALE/KIRAZINI “A”/88 forms part of the Estate of the Deceased herein. On the issue of the heirs of the estate of the Deceased persons herein, it is not in dispute that the Deceased herein upon his death was survived by a widow and five (5) issues; two (2) sons and three (3) daughters. 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 issue this Honourable court is hereby pleased to declare the following as rightful heirs of the Deceased herein: a) Uchi Hinzano Dadu …. Widow 1. Mumba Hinzano …. Son 2. Dadu Hinzano …. Son 3. Ngala Hinzano …. Son 4. Anzazi Hinzano Dadu …. Daughter 5. Mwanajuma Hinzano Dadu …. Daughter 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*** ***“In that which you leave their (your wives) share is a fourth if you leave no child; but if you leave a child they get an eighth of that which you leave after payment of legacies you may have bequeathed or debts”. Q 4:12.*** The above verse does specify that a widow (s) is entitled to an eighth share of her/their late husband estate in the event her/their late husband left behind children whether from her/them and from other women. That second verse do specify that the children of the deceased inherit in manner that a male child inherits a share equivalent to two shares of a female child. In premises, the Honourable allows the succession petition in the following terms: 1. THAT the parcel of land known as **KWALE/KIRAZINI “A”/88** forms part of the Estate of the Deceased herein. 2. THAT the rightful heirs of the Deceased herein and their shares are as follows: 3. Uchi Hinzano Dadu, Widow, is entitled to 8/64 4. Mumba Hinzano, Son, is entitled to 14/64 5. Dadu Hinzano, Son, is entitled to 14/64 6. Ngala Hinzano, Son, is entitled to 14/64 7. Anzazi Hinzano Dadu, Daughter is entitled to 7/64 8. Mwanajuma Hinzano Dadu, Daughter is entitled to 7/64 9. THAT this Honourable court is hereby pleased to vest the Estate property in the Heirs intheir respective shares. 10. THAT the Land Registrar Kwale to transfer the Estate property from the Deceased intothe heirs in their respective shares. These are the 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 10:45:42 |