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KadhiDismissedNot stated in the judgment· [2024] KEKC 27 (KLR)

In re Estate of Hassan Abdalla Awale (Deceased) (Succession Cause E378 of 2021) [2024] KEKC 27 (KLR)

Kadhis' Court
13 December 2024
IAIshaq AJ
1,298 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that death compensation for a Kenyan Muslim working in Qatar must be shared under Islamic inheritance law, not work-injury rules.

What this practically means

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Executive summary

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The Public Trustee applied for review of the Kadhis' Court orders dated 9th November 2021 and 27th May 2024, which distributed death compensation received following the death of Hassan Abdalla Awale, a Kenyan Muslim employed in Qatar, as 12.5% to the widow, 16.5% to the mother and 71% to the minor son. The Public Trustee had instead distributed 40% to the widow and 60% to the son's trust, nothing to the mother, contending that the funds were accident compensation under the Work Injury Benefits Act payable to dependants rather than estate assets distributable under Islamic law. The petitioner and the second respondent argued that WIBA does not apply to employment outside Kenya, that the compensation was paid under Qatar Labour Law No. 14 of 2004 which requires distribution according to the deceased's personal law, and that as a Muslim the deceased's estate devolves under Islamic law of inheritance. The Court framed four issues: the applicability of WIBA, the governing law, whether review conditions were met, and the orders to make. It held that sections 5(3)(b) and 11(3) of WIBA exclude persons employed outside Kenya, and the deceased worked wholly in Qatar, so WIBA does not apply. The applicable law is Islamic law of inheritance, by virtue of the Qatari statutory reference to personal law and Kenyan law exempting Muslims from the Law of Succession Act. None of the three grounds for review under Order 45 Rule 1 of the Civil Procedure Rules was satisfied; the Public Trustee's unilateral distribution of funds could not constitute sufficient reason for review and raised compliance concerns. The review application was dismissed; the original distribution stands; the Public Trustee was directed to comply, account within 14 days, and remit the mother's 16.5% share within 30 days. Each party bears its own costs.

Key legal issues

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01

Whether the Work Injury Benefits Act applies to compensation for the death of the deceased

Holding

WIBA does not apply because the deceased was employed and worked wholly outside Kenya.

Reasoning

Section 5(3)(b) of WIBA excludes persons employed outside Kenya, and Section 11(3) excludes employees deployed outside Kenya for 12 months or longer. The deceased was employed in Qatar by a Qatari company and the employment was performed wholly in Qatar, with no indication of deployment from Kenya or subjection to Kenyan employment laws. The compensation therefore cannot be distributed under WIBA.

p. 3
02

What law governs distribution of the compensation

Holding

Islamic law of inheritance governs the distribution.

Reasoning

Articles 55, 110 and 114 of Qatar Labour Law No. 14 of 2004 require distribution according to Islamic Sharia or the personal law of the deceased's country of origin. The deceased was a Muslim Kenyan citizen; Section 2(3) of the Law of Succession Act excludes Muslims from the Act's provisions, and Section 6 of the Kadhis' Courts Act confers jurisdiction over inheritance where all parties profess the Islamic faith.

p. 3
03

Whether the conditions for review under Order 45 Rule 1 of the Civil Procedure Rules were met

Holding

The Public Trustee failed to satisfy any of the three grounds for review.

Reasoning

There was no new matter or evidence not available when the original orders were made; the WIBA argument could have been raised at the initial hearing. There was no error apparent on the face of the record since Islamic law was correctly applied. The Public Trustee's own non-compliant distribution of funds cannot amount to sufficient reason for review and instead raises compliance concerns.

p. 4

Legal principles established

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  • WIBA does not apply to compensation for an employee who was employed and worked wholly outside Kenya for 12 months or longer.
  • Compensation for death of a Muslim employee paid under Qatar Labour Law is distributable according to Islamic law of inheritance.
  • A party's own non-compliance with a court order cannot constitute sufficient reason for review.

Court orders

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  1. 1.The Public Trustee's application for review dated 9th August 2024 is dismissed
  2. 2.The Public Trustee is directed to comply with the Court's distribution order dated 9th November 2021
  3. 3.The Public Trustee is directed to provide an account of all funds received and disbursed to date within 14 days from the date of the ruling
  4. 4.The Public Trustee is directed to remit the mother's share of 16.5% of the total compensation received within 30 days from the date of the ruling
  5. 5.Each party shall bear their own costs
Jurisdiction invoked
Section 6 of the Kadhis' Courts Act (Cap 11) - matters of personal status and inheritance where all parties profess the Islamic faith

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Estate of Hassan Abdalla Awale (Deceased) (Succession Cause E378 of 2021) [2024] KEKC 27 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2024/27/eng@2024-12-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.