In re Estate of the Late Guracha Hiko Guracha (Deceased) (Succession Cause E002 of 2025) [2025] KEKC 19 (KLR)

The petitioner, the widow and administrator, applied under section 7(3) of the Law of Succession Act and rule 40(1) of the Probate and Administration Rules for confirmation before six months, to raise cash to settle the deceased's bills and support a minor in secondary school and grandchildren under her care. Section 71(3) permits pre-term confirmation where the only dependants are of full age and consent, or where it is expedient. All four adult children appeared virtually and confirmed their consent. The minors could not consent due to age, but under Muslim law applicable in the Kadhis' court they are not beneficiaries where their parents are direct heirs, and support previously given by the deceased would continue from the widow. Confirmation was therefore expedient.

The court noted the deceased left one wife, four adult children, and three minor grandchildren. Under section 71(3), minors regarded as beneficiaries cannot consent due to age. However, since the law applicable before the Kadhis' courts is Muslim law, distribution is governed by Islamic principles of inheritance under which the wife and children are the beneficiaries. The minors have living parents who are the direct heirs, except the secondary school pupil who is a nephew. Their consent was therefore not required, and the family agreed that support previously given by the deceased would continue from the widow.