[2018] KEKC 17 (KLR)
The court determined that the estate of the deceased, Juma Badadi Abaroba, should be distributed strictly in accordance with Islamic Sharia as mandated by the Qur'an. The widow was entitled to one eighth of the estate, and each son was entitled to a share twice that of a daughter (though in this case, only sons...
Source-derived case information.
- Citation
- [2018] KEKC 17 (KLR)
- Parties
- Applicant: Abdi Juma Badadi; Respondent: Public Trustee Nairobi
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 5 of 2018
- Procedural Posture
- Succession Cause / Determination of Heirs and Distribution of Estate
- Outcome
- Estate distributed among heirs as per Islamic law; Public Trustee to execute distribution.
- Legal Topics
- Muslim Succession, Inheritance Distribution, Islamic Sharia Law, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Juma Badadi
Applicant
Public Trustee Nairobi
Respondent
Procedural Posture
Succession Cause / Determination of Heirs and Distribution of Estate
Legal Issues
- 1 Who are the rightful heirs of the estate of Juma Badadi Abaroba under Islamic law.
- 2 What is the correct mode of distribution of the estate among the heirs according to Sharia.
Ratio Decidendi
The court determined that the estate of the deceased, Juma Badadi Abaroba, should be distributed strictly in accordance with Islamic Sharia as mandated by the Qur'an. The widow was entitled to one eighth of the estate, and each son was entitled to a share twice that of a daughter (though in this case, only sons survived). Upon the subsequent death of the widow, her share devolved to her father and sons according to the prescribed fractions under Islamic law. The court found no evidence of debts or other claims against the estate, and thus ordered the Public Trustee to distribute the estate as per the identified shares. The decision was based on clear Qur'anic injunctions regarding...
Court Disposition
Estate distributed among heirs as per Islamic law; Public Trustee to execute distribution.
Orders
- The estate of Juma Badadi Abaroba to be distributed as follows: widow (Rukia Boya Danisa) 1/8, each son (Abdi Juma Badadi, Suleiman Juma Kalme, Adam Juma Ashako) 7/24 each.
- The share of the widow, upon her death, to be distributed among her father (Boya Danisa) 1/6 and her sons (Abdi Juma Badadi, Suleiman Juma Kalme, Adam Juma Ashako) 5/18 each.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE KADHIS COURT AT GARSEN
SUCCESSION CASE NO 05 OF 2018
IN THE MATTER OF THE ESTATE OF
JUMA BADADI ABAROBA………………………………………. DECEASED
ABDI JUMA BADADI ………….………………………………… PETITIONER
In this succession matter dated 20 Th NOVEMBER 2018 the petitioner prayed for the determination of heirs of the deceased. The estate of the deceased is under the administration of the Public trustee NAIROBI. The petitioner claimed that, the deceased was his father. He was survived by widow and 3 sons. The widow petitioner’s mother (Rukia Boya Danisa) Dead after his husband .left behind her father and sons (petitioners). The petition is not contested.
Ordinarily, the estate of a Muslim deceased should be strictly spent in the following sequence: burial expenses should not be extravagant, paying his debts upon proofing and be distributed among the heirs in accordance with Islamic Sharia. In this matter, we were not told of any other right attached to the estate .Under Islamic law, the widow is entitled to one eighth (1/8) share if the deceased left a child. Under QUR'AN 4/12: (But if you have a child, then they shall have an eighth of that which you leave.)
Each son is entitled to twice the share of the daughter after deduction of the widow’s share. Under Qur'an 4: 11-12(Allah enjoins you concerning your children: for the male is the equal of the portion of two females).
under Islamic law, the parents are entitled to a sixth each one Under QUR'AN 4/12: ( For parents, a sixth share of inheritance to each if the deceased left children)
The legal heirs and mode of distribution of the estate of JUMA BADADI ABAROBA are:
NAME RELATIONSHIP SHARE FRACTION
1- RUKIA BOYA DANISA widow deceased 1/8 12. 5%
2- ABDI JUMA BADADI son. Id […] 7/24 29. 17%
3- SULEIMAN JUMA KALME son. Id […] 7/24 29. 17%
4- ADAM JUMA ASHAKO son Id […] 7/24 29. 17%
The share of the widow petitioner’s mother (Rukia Boya Danisa) will be distributed among her father and children namely :
NAME RELATIONSHIP SHARE FRACTION
1- Boya Danisa Widow’s father 1/6 16. 67%
2- ABDI JUMA BADADI son. 5/18 27. 78%
3- SULEIMAN JUMA KALME son. 5/18 27. 78%
4- ADAM JUMA ASHAKO son 5/18 27. 78%
The public trustee to issue the deceased’s estate to the beneficiaries' Orders accordingly.
Delivered in court is day of 28th November 2018 in the presence of:
Court assistant Ogeto Mboga
Petitioner