[2020] KEHC 8028 (KLR)

[2020] KEHC 8028 (KLR)

The High Court held that under Islamic law, an adopted child (G) does not inherit from the adoptive parent unless there is a will, as adoption (Kafala) does not create inheritance rights. The deceased's first wife (A) was not formally divorced and thus remained a legal spouse entitled to inherit, despite having left...

Source-derived case information.

Citation
[2020] KEHC 8028 (KLR)
Parties
Appellant: MO; Respondent: HAK
Court
High Court
Court Station
High Court at Marsabit
Jurisdiction
Kenya
Judgment Date
19 February 2020
Case Number
Civil Appeal 17 of 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly succeeds.
Judges
SJ Chitembwe
Legal Topics
Islamic Succession, Adoption and Inheritance, Status of Widows, Conversion and Inheritance, Distribution of Estate
Source Language
english
Family and Children Civil Procedure Islamic Succession Adoption and Inheritance Status of Widows Conversion and Inheritance Distribution of Estate

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

MO

Appellant

HAK

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether an adopted child (G) is entitled to inherit under Islamic law from the deceased.
  2. 2 Whether A, the first wife who left the deceased and had children with another man, is entitled to inherit as a widow.
  3. 3 Whether Y, a daughter who converted to Christianity and later reverted to Islam, is entitled to inherit from the deceased.

Ratio Decidendi

The High Court held that under Islamic law, an adopted child (G) does not inherit from the adoptive parent unless there is a will, as adoption (Kafala) does not create inheritance rights. The deceased's first wife (A) was not formally divorced and thus remained a legal spouse entitled to inherit, despite having left the deceased and having children with another man. The daughter (Y), who had converted to Christianity and later reverted to Islam before the estate was distributed, was entitled to inherit as a Muslim, with the court declining to question the sincerity of her reversion. The estate property, plot number xxxx at Dakabaricha, was confirmed as part of the deceased's estate and...

Court Disposition

Appeal partly succeeds.

Orders

  • G, the adopted son, shall not form part of the deceased’s beneficiaries.
  • A and Y are confirmed as beneficiaries of the estate.