https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12587

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT ISIOLO** **MISCELLANEUOS CIVIL APPLICATION No. E030 OF 2026** **HABIBA NDAE ABDILLE ..........................................APPLICANT** **VERSUS** 1. **NASRA IBRAHIM................................ ………1ST RESPONDENT** 2. **YASMIN IBRAHIM ....................................2ND RESPONDENT** 3. **YASIN SALAH IBRAHIM .........................3RD RESPONDENT** 4. **ABUBAKAR ABDI ADAN .........................4TH RESPONDENT** **RULING** 1. What is coming up for determination is the Application dated 30/06/2026. It primarily seeks for transfer of the Kadhi’s Court Succession Cause No. E008/2026 from Isiolo Kadhi’s court to the Kadhi’s Court at Nyeri. 2. The Applicant’s state that whereas the Succession Case was initially filed at Nanyuki Chief Magistrate’s Court, the Respondents sought for the transfer of the cause to Kadhi’s Court on ground that all the parties professed the Islamic faith. 3. It is further stated that the parties filed a consent dated 12/06/2025 and adopted on 12/06/2025 under the Nanyuki High court Civil Application No E005/2025, agreeing to transfer the cause to Nyeri kadhi’s court, but instead the matter ended up in Isiolo Kadhi’s court. The Applicant further states that she was not aware that the matter had been transferred to Isiolo until the Magistrate’s Court at Nanyuki informed the parties’ counsel about the transfer to Isiolo. 4. The Applicant further state that the Petitioner has severally informed the Hon. Kadhi in Isiolo about the mistake occasioned, but has been informed that the matter can only be transferred upon the order of the court. 5. The Applicant argues that the orders of the Judge in Nanyuki high court Civil Application No E005/2025, do not hold and that this court should proceed to transfer the matter to Nyeri Kadhi’s Court. 6. The Application is opposed by the Respondent. 7. The Respondents submit that the matter has progressed well in Isiolo kadhi’s court despite the alleged consent; that it is only when the Kadhi’s Court at Isiolo demanded for a full inventory of the deceased’s Assets that the Applicant concocted the idea of transferring the cause to Nyeri. **Determination** 1. I have considered the pleadings, considered the oral submissions by the respective Advocates and perused the record of proceedings in Kadhi’s court succession cause No. E008 of 2026. 2. The record shows that the parties entered into a consent dated 12/06/2025 and filed in court. There is no evidence however that the said consent was adopted by the court, as there is no order signed by the court arising from the consent 3. In contrast, there is an order made by the Nanyuki high court under Miscellaneous Application No. E005 OF 2025 on 1.12.2025, and issued on 04. 12. 2025, directing the transfer of the Succession Cause to the Kadhi’s Court at Isiolo. 4. Further the Respondents have submitted that they are all Residents of Isiolo and that some of the properties are in isiolo. Whereas this submission has not been controverted by the Petitioner, the record shows that one of the properties is situate at Nanyuki while the location of the other property is unknown. 5. Considering that there is no Kadhi’s court in Nanyuki then unless a court expressly directs otherwise, the nearest court with jurisdiction is the Kadhi’s court at Isiolo. 6. I hasten to add however that the above issue is now moot as there is a valid order of the high court transferring the suit to Isiolo as aforesaid. 7. The order was issued by a Court with competent jurisdiction, and one with concurrent jurisdiction with this Court. That order has not been set aside. It remains in place. 8. The Applicants Submission that this Court should discard the order of the High Court in Nanyuki is not tenable in law. This Court has no jurisdiction to vary it. If the Applicant was dissatisfied by that order, he ought to move back to the same court on Review, or proceed to the court of Appeal. 9. The Application is without merit. It is hereby dismissed. 10. The order of this Court issued o 03/7/2026 temporarily staying proceedings at the Kadhi’s court at Isiolo is hereby discharged, and the Court is at liberty to proceed with the case. Dated, Signed and delivered at Isiolo, this 30th day of July, 2026. S. Chirchir Judge In the presence of:- Roba Katelo -Court Assistant Mr. Kiget for the Applicant MR. Okok for the Respondent.