[2016] KEHC 4052 (KLR)
The court confirmed the grant of letters of administration intestate on the basis that the inheritance shares had already been determined by the Kadhi's Court in accordance with Islamic Law. The court found that Baha Ahmed Siyat is the sister, not daughter, of the deceased, based on age and documentary evidence. The...
Source-derived case information.
- Citation
- [2016] KEHC 4052 (KLR)
- Parties
- Applicant: Public Trustee; Respondent: Baha Ahmed Siyat; Respondent: Mother of the deceased
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 25 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Grant of letters of administration intestate confirmed; distribution to follow Kadhi's Court determination.
- Judges
- GMA Dulu
- Legal Topics
- Succession, Confirmation of Grant, Islamic Inheritance, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Trustee
Applicant
Baha Ahmed Siyat
Respondent
Mother of the deceased
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the applicant has provided sufficient evidence for confirmation of grant of letters of administration intestate.
- 2 Whether the description of Baha Ahmed Siyat as daughter or sister of the deceased affects entitlement to the estate.
- 3 Whether distribution of the estate should follow the determination of the Kadhi's Court under Islamic Law.
Ratio Decidendi
The court confirmed the grant of letters of administration intestate on the basis that the inheritance shares had already been determined by the Kadhi's Court in accordance with Islamic Law. The court found that Baha Ahmed Siyat is the sister, not daughter, of the deceased, based on age and documentary evidence. The court declined to order distribution of all assets to the mother in the absence of an affidavit from all beneficiaries confirming such agreement. The court held that distribution of the estate must proceed as determined by the Kadhi's Court, but left open the possibility for beneficiaries to apply for variation supported by affidavit if they unanimously agree in the future.
Court Disposition
Grant of letters of administration intestate confirmed; distribution to follow Kadhi's Court determination.
Orders
- Grant of letters of administration intestate confirmed.
- Distribution of assets to be as determined by the Kadhi's Court on 26th August 2015.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 25 OF 2015
IN THE MATTER OF THE ESTATE OF ABDIRIZACK AHMED SIYAD (DECEASED)
RULING
I have considered the application for confirmation of grant of letters of administration intestate herein dated 10th May 2016 and documents therein filed by the Public Trustee. I have also considered the submissions of Mr. Miyogo for the Public Trustee.
I observe that Baha Ahmed Siyat has, in the affidavit sworn by the Public Trustee in May, 2016, been described as daughter of the deceased. In all other documents however, she has been described as a sister of the deceased. In my view, being aged 27 years, she cannot possibly be a daughter of the deceased who died aged 31 on 14th March 2015. I therefore find that she is a sister of the deceased.
Having said so, though Mr. Miyogo says that all the assets be inherited by the mother of the deceased, no affidavit to that effect sworn by the beneficiaries has been filed to confirm that agreement.
The inheritance shares herein under Islamic Law has already been determined by the Hon. Kadhi Masoud M. Mvudi on 26th August 2015.
I thus confirm the grant of letters of administration intestate, and order that distribution of the assets will be as has been determined by Kadhi’s court on 26th August 2015.
In my view, even after the issuance confirmation of grant of letters of administration, if the beneficiaries want all the assets to go to one of them, they can approach this court with an appropriate application supported an affidavit evidencing their intention.
To conclude, I confirm the grant of letters of administration intestate herein and order that distribution of the assets will be and has been determined by the Kadhi’s Court. Certificate of confirmed grant to issue.
Dated and delivered at Garissa this 27th day July, 2016.
GEORGE DULU
JUDGE