FHA v IIA
Divorce cause between FHA and IIA in the Kadhis Court at Isiolo. The judgment text provided is incomplete and notes that the decision is still being processed.
- Divorce
- Kadhi's court
- Marriage dissolution
- Kadhi-s-court
- Marriage-dissolution
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Wako v Hassan
Wako v Hassan (Civil Appeal E014 of 2026) [2026] KEHC 13033 (KLR) (21 August 2026) (Ruling)
The Applicant met the requirements for only a limited and conditional stay. The court found that the custody order required preservation of the children’s current living arrangement pending appeal to avoid destabilising them, that the maintenance order did not amount to substantial loss because it was a continuing welfare obligation, and that the disputed structures and any compensation should be preserved by restraining dealings and ring-fencing compensation. The Applicant was however allowed to continue receiving rent for the children’s upkeep pending appeal.
Source excerpt
- Stay of execution pending appeal
- Custody and care of children
- Parental responsibility
- Maintenance/child support
- Property and compensation for disputed structures
- Access and visitation rights
In re Estate of Mwakunyua alias Suleimani (Deceased)
In re Estate of Mwakunyua alias Suleimani (Deceased) (Succession Cause E133 of 2026) [2026] KEKC 12 (KLR) (13 August 2026) (Judgment)
The court found that the deceased’s estate included an undivided half share in KWALE/NG’OMBENI/1693, that the named children were the rightful heirs, and that because the heirs agreed, the estate could be distributed in equal shares notwithstanding the default Quranic ratio. The court therefore ordered vesting and rectification of the title accordingly.
Source excerpt
- Intestate succession
- Identification of estate property
- Heirs and shares under quran 4:11
- Co-owned land in estate
- Rectification of land title
In re Estate of Idd alias Maulidi Hakim Idd (Deceased)
In re Estate of Idd alias Maulidi Hakim Idd (Deceased) (Succession Cause E130 of 2026) [2026] KEKC 5 (KLR) (13 August 2026) (Judgment)
The court found that KWALE/KOMBANI S.S/155 formed part of the deceased’s estate because it was registered in the deceased’s name, and that the surviving family members were the rightful heirs under Islamic law. Applying the Quranic fixed shares and residuary rules, the court distributed the estate among the widow, mother, daughters, and siblings, and ordered transmission through the widow as trustee.
Source excerpt
- Intestate muslim estate
- Identification of estate property
- Heirship determination
- Islamic shares
- Vesting/transmission of land by trustee
In re Estate of Idd alias Maulidi Hakim Idd (Deceased)
In re Estate of Idd alias Maulidi Hakim Idd (Deceased) (Succession Cause E131 of 2026) [2026] KEHC 12883 (KLR) (13 August 2026) (Judgment)
The court held that the four parcels of land registered in the deceased's sole name formed the estate, and that the surviving mother, widow, daughters, and siblings were the lawful heirs. Applying Islamic succession rules, the widow and mother took fixed shares, the daughters took their collective fixed share, and the residue passed to the siblings in male-to-female ratio. The court therefore ordered vesting of the estate in the identified heirs and appointed the widow as administrator/trustee for transmission.
Source excerpt
- Intestate muslim succession
- Determination of heirs
- Estate identification
- Distribution of inheritance shares
- Administration of estate
- Transmission of land by trustee
In re Estate of Maluki alias Ndegwa Maruki (Deceased)
In re Estate of Maluki alias Ndegwa Maruki (Deceased) (Succession Cause E127 of 2026) [2026] KEKC 10 (KLR) (13 August 2026) (Judgment)
The court found that parcel KWALE/KIRAZINI A/266 was proved to belong to the deceased and therefore formed part of his estate. It further found the only rightful heirs to be his two sons and one daughter. Applying Islamic inheritance principles, it allocated the estate so that each son receives 40% and the daughter 20%, and ordered transmission of the property to them in those shares.
Source excerpt
- Intestate succession
- Muslim inheritance (mawarith)
- Identification of estate property
- Determination of heirs
- Distribution of estate shares
- Transmission of land title
HG v UKA (Divorce Cause E030 of 2025)
HG v UKA (Divorce Cause E030 of 2025) [2026] KEKC 4 (KLR) (31 July 2026) (Ruling)
[2026] KEKC 4 (KLR)
Source excerpt
- Divorce
- Kadhis court
- Ruling
In re Estate of Ganga
In re Estate of Ganga (Succession Cause E094 of 2026) [2026] KEKC 8 (KLR) (30 July 2026) (Judgment)
The court found that parcel KWALE/KIRAZINI 'A'/88 belonged to the deceased as sole proprietor and therefore formed part of the estate. It further found that the widow and five children were the rightful heirs. Applying Islamic inheritance rules under Section 2(3) of the Law of Succession Act and Qur'an 4:11-12, the court distributed the estate in shares of 8/64 to the widow, 14/64 to each son, and 7/64 to each daughter.
Source excerpt
- Intestate succession of a muslim deceased
- Identification of estate property
- Determination of heirs
- Islamic inheritance shares
- Transmission of land to beneficiaries
In re Estate of Yusuf alias Mayingi (Decesaed)
In re Estate of Yusuf alias Mayingi (Decesaed) (Succession Cause E117 of 2026) [2026] KEKC 16 (KLR) (30 July 2026) (Judgment)
The court held that the parcels KWALE/UKUNDA/6834, KWALE/UKUNDA/6835 and KWALE/UKUNDA/6412 formed part of the deceased’s estate. Applying the majority Islamic position, it found Mwanamisi Omari Nropia to be illegitimate for inheritance purposes notwithstanding acknowledgment by the deceased, so only Yahya Omari Yusuf and Fatuma Omar Yusuf were rightful heirs. Their shares were fixed at 66.67% and 33.33% respectively, and Mwanamisi was allowed to retain the portion previously allocated to her by the deceased during his lifetime.
Source excerpt
- Intestate succession
- Muslim inheritance rules
- Illegitimate child and inheritance
- Estate identification
- Transmission of land
- Appointment of administrators
Huka v Dalacha
Huka v Dalacha (Civil Appeal E003 of 2025) [2026] KEHC 12507 (KLR) (30 July 2026) (Judgment)
The Kadhi's Court acted without jurisdiction when it revoked allotment letters, directed registration of disputed properties in the deceased's name, and distributed those properties as estate assets, because that was a title dispute reserved for the Environment and Land Court or a competent land court. The award to the divorced wife was equally unsustainable because she was not an heir and the alleged conciliatory gift was neither pleaded nor strictly proved. The appeal therefore succeeded and the impugned land and monetary orders were set aside.
Source excerpt
- Kadhi's court jurisdiction
- Ownership dispute over estate property
- Revocation of allotment letters
- Inheritance under muslim law
- Mut'ah/conciliatory gift
- Claims by divorced wife
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