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Kenya decisions
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Hassan v Njue; Kimanthi & 10 others (Interested Parties) [2025] KEHC 9549 (KLR)
The High Court at Voi allowed a succession appeal, set aside the Kadhi’s Court ruling, and stayed the Voi proceedings pending the Makindu succession cause.
In re Estate of Abdulaziz Ahmed (Deceased) [2025] KEKC 18 (KLR)
The Nakuru Kadhi’s Court dismissed an application to review and stay execution in a succession dispute, finding no proven error in the decree or substantial loss.
In re Estate of Issa Ali Ndamunga (Deceased) [2025] KEKC 8 (KLR)
A lawful Muslim marriage can be proven by evidence beyond a marriage certificate, including witness testimony and presumptive evidence of long cohabitation and public reputation as husband and wife. Children born from a valid Islamic marriage or acknowledged by the father are legitimate heirs. The sale of estate property by one potential heir without the consent of other rightful heirs and while a succession dispute is pending is invalid, and good faith purchasers are entitled to recover their losses from the individual who sold the property, not the estate.
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Farooq & 3 others v Ramadhan [2024] KECA 1774 (KLR)
The Court of Appeal found that the trial judge erred by distributing the estate and effectively confirming the grant of letters of administration before the statutory six-month period and without a proper application for confirmation, contrary to sections 55 and 71 of the Law of Succession Act. The distribution of the estate was not an issue properly before the trial court, and the process required by law was not followed. The appellate court also held that constitutional issues regarding discrimination and religious freedom, though significant, were raised for the first time on appeal and sh…
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Mbarak & 3 others v Mohamed & 4 others [2024] KEELC 7224 (KLR)
The court found three disputed coastal properties had been improperly transferred after the deceased’s death and ordered them to revert to the estate, with rent accounting and costs.
In re Estate of Ramadhan Hassan Kisarasara & 3 others (Deceased) [2024] KEHC 1984 (KLR)
The High Court found that the registration of the estate property in the names of the four deceased sons of Hassan Kisarasara was strong evidence of ownership, and there was insufficient evidence to support the claim that the property belonged to all seven children. Therefore, the estate for distribution comprises the property registered in the names of the four deceased. The court recognized the unique coastal practice of 'house without land,' holding that improvements (houses) built on the estate land by individual heirs are not automatically part of the estate but are subject to the local…
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FAAF v RFM & 2 others [2023] KECA 1322 (KLR)
The Court of Appeal held that the High Court correctly found the 1st respondent was validly married to the deceased, as evidence of long cohabitation, conversion to Islam, and a marriage certificate outweighed minor discrepancies in names. The Court affirmed that children born out of wedlock are entitled to inherit from their deceased father, as discrimination based on birth status is unconstitutional under Articles 27 and 53 of the Constitution. The Court found that the 3rd respondent's marriage to the deceased was void for bigamy, as her prior monogamous marriage had not been dissolved, and…
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Abdallah & 4 others v Ali & 2 others [2023] KEELC 18995 (KLR)
The Environment and Land Court struck out this family land dispute as res judicata, holding the issues had already been determined by the Kadhi’s Court.
In re Estate of Saleh Ahmed Hassan (Deceased) [2023] KEHC 1165 (KLR)
The High Court upheld a Kadhi’s Court inheritance decision, finding the disputed will invalid under Islamic law and dismissing both the appeal and cross-appeal.
In re Khadija Jama alias Khadija Jama Farah (Deceased) [2023] KEKC 2 (KLR)
The court found that the applicant was recognized as a beneficiary and listed as a legal heir in the petition. The requirement for all heirs to consent to the petition is inconsistent with Islamic law, which governs the estate. The limited grant was issued for a specific purpose with court authorization, and the joint venture agreement was validly entered into. The applicant failed to demonstrate any prejudice suffered due to the grant or any irreparable harm that would justify an injunction. The court held that the respondents acted within their legal rights and that the applicant's objectio…
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