[2018] KEKC 29 (KLR)
The court determined that the estate of the deceased, Rashid Mwanyoha, should be distributed strictly in accordance with Islamic Sharia. The widow is entitled to one eighth of the estate as the deceased left children. The remainder is to be distributed among the children, with each son receiving twice the share of...
Source-derived case information.
- Citation
- [2018] KEKC 29 (KLR)
- Parties
- Applicant: Betty Chuna Mwanyoha; Respondent: Public Trustee Mombasa
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 02 of 2018
- Procedural Posture
- Succession Cause / Determination of Heirs and Distribution of Estate
- Outcome
- Estate distributed among widow and children as per Islamic law.
- Legal Topics
- Muslim Succession, Distribution of Estate, Islamic Inheritance Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betty Chuna Mwanyoha
Applicant
Public Trustee Mombasa
Respondent
Procedural Posture
Succession Cause / Determination of Heirs and Distribution of Estate
Legal Issues
- 1 Who are the rightful heirs to the estate of Rashid Mwanyoha 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, Rashid Mwanyoha, should be distributed strictly in accordance with Islamic Sharia. The widow is entitled to one eighth of the estate as the deceased left children. The remainder is to be distributed among the children, with each son receiving twice the share of the daughter. The court found no other claims or debts against the estate. The Public Trustee was ordered to distribute the estate accordingly, specifying the exact shares and amounts for each heir based on the total estate value.
Court Disposition
Estate distributed among widow and children as per Islamic law.
Orders
- The Public Trustee to issue the deceased’s estate to the beneficiaries as specified: widow receives 82,500 KES, each son receives 231,000 KES, daughter receives 115,500 KES.
- Distribution to be made to the beneficiaries' specified bank account.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE KADHIS COURT AT GARSEN
SUCCESSION CASE NO 02 OF 2018
IN THE MATTER OF THE ESTATE OF
RASHID MWNYOHA........................................DECEASED
BETTY CHUNA MWANYOHA.....................PETITIONER
In this succession matter dated 25th MAY 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. The petitioner claimed that, the deceased was her husband. He was survived by widow, 2 sons and daughter. The petition is not contested. The deceased left behind estate of 66,0000 /= six hundred thousand and sixty Only .which is under the administration of the Public trustee Mombasa.
Under the administration of the Public trustee Mombasa.
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: 11-12 (Allah enjoins you concerning your children: for the male is the equal of the portion of two females).
The legal heirs and mode of distribution of the estate of RASHID MWNYOHA are:
1- BETTY CHUNA MWANYOHA 1D 27350148 (WIDOW) an eighth
5/40 (82500)
2- ABDALLAH RASHID MWANYOHA SON 12 years old (twice the share of the daughter) 14/40 (231000)
3- SHARIF RASHID MWANYOHA 8 years old SON years old (twice the share of the daughter) 14/40 (231000)
4-MARIAM RASHID MWANYOHA DOUGHTER years old 7/40 (115500)
Widow and her children their A/C No. is 01108483780000 COMPARATIVE BANK MOMBASA BRANCH .DIGO RD.
The public trustee to issue the deceased’s estate to the beneficiaries'
Orders accordingly.
R/ A thirty days.
MURSAL M SIZI KADHI II- GARSEN
C/A - Guracho Abdullah
Petitioner –
3/7/2018