In re Estate of Mwazondo (Succession Cause 331 of 2015) [2026] KEKC 21 (KLR) (27 August 2026) (Ruling) Neutral citation: [2026] KEKC 21 (KLR) REPUBLIC OF KENYA IN THE KADHIS COURT AT KWALE SUCCESSION CAUSE 331 OF 2015 HS VUMBI, SPK AUGUST 27, 2026 IN THE ESTATE OF MWAZONDO RULING 1. Before this court is a Notice of Motion Application dated 18th June, 2026. The Application is precisely seeking the following Orders: 1. That the Honourable court be pleased to reopen and/review the orders and grant issued on the 10th of November, 2015 2. That this Honourable court be pleased to include the following omitted assets as forming part of the Estate of the deceased: a. Plot No. Kwale/Mabokoni/106 b. Plot No. Kwale/Mabokoni/107 3. That this Honourable court be pleased to redistribute the said assets in accordance with the Islamic law of inheritance (Sharia) 4. That the conrmed grant be rectied and/or amended accordingly. 5. That the costs of this application be in the cause. 2. The Application is based on grounds that the certain assets belonging to the deceased were inadvertently/unknowingly omitted from the list of Estate properties at the time of conrmation. That the said assets form part of the Estate of the deceased and ought to be distributed in accordance with Islamic law. 3. The foregoing is the gist of the supporting adavit sworn on the 18th June, 2026 by the Applicant in support of the motion which adavit also contains a narration of the background of the matter. 4. To cement his case, he attached hereto copy of the court orders issued on the 10th of November, 2015, and copies of certicates of Adjudication searches both dated 10th April, 2015. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/21/eng@2026-08-27 1
page 1 of 3
5. The instant application was conversed by way of oral submission. The Applicant submitted that the two properties were left out from the Estate properties of the deceased herein. He prayed the Honourable court to include the two properties to form part of the Estate of the deceased. He stated that the family convened a meeting and unanimously agreed to vest the two properties in him together with his sister Ashura Salim Kinungu. 6. I have carefully considered the Application and the oral submissions together with the authorities relied upon by the Applicant and this Honourable Court frames the following as issue for determination: a. Whether the Applicant has Met the Threshold of Review and/or Vary the Judgment and Orders Issued on the 10th November, 2015. 7. The Applicant herein in his Notice of Motion Application dated 9th July, 2025 is inviting this Honourable court to review and/vary the Judgment and orders issued on the 10th November, 2015 on the account that some of the properties of the deceased herein were omitted by the Petitioner. 8. Rule 79 of the Kadhi’s court (Procedure and Practice) Rules 2020, provides as follow; “ (1) 9. 10. A person who is aggrieved by a judgment, ruling or an order from which an appeal is allowed but from which no appeal is preferred, may within reasonable time, apply for a reconsideration of the judgment, ruling or order a. If there is discovery of new evidence which, after exercise of due diligence, was not within the knowledge of that person or could not be produced by that person at the time when the judgment, ruling or order was made; b. On account of some mistake or error apparent on the face of the record; c. If the judgment, ruling or order requires clarication; or d. For any sucient reason. (2) An application for review of a decree or order of the court under paragraphs (b),(c) or (d) shall be made to the Kadhi who passed the decree or made the order sought to be reviewed or to any other Kadhi that Kadhi is not attached to the court station. 4. The Court shall, upon hearing an application for review, deliver a ruling allowing or dismissing the application.” For a court to review its orders the applicant should convince the court with the following conditions: a. An error apparent on the face of the record, or b. Discovery of new evidence that the Applicant did not have at the time of the hearing and could not have obtained the same even after the exercise of due diligence. c. Sucient reasons This is an Islamic succession petition pursuant to law of Succession Act (Cap 160) and the substantive Islamic law of succession, the deceased died living behind a property and it therefore the role of this https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/21/eng@2026-08-27 2
page 2 of 3
court to determine the estate of a deceased Muslim, the rightful heirs and distribute the same according to Islamic law and/or as per the heirs wish. I note the court had already did its function based on the pleadings and evidence adduced in court. The Petitioner/Applicant again and approached this court to review the judgement to include properties known as Plot No. Kwale/Mabokoni/106 and Kwale/Mabokoni/107 to form part of the deceased estate. The Applicant argued that when he led the succession petition, he did not list the said plot because he had no documentary evidence to prove its existence. 11. From the Applicant’s application, there is new and important matter and evidence that could not be produced by the Applicant at the time the Judgment was made. 12. Consequently, I make the following orders in disposing the Notion of Motion dated 18th June, 2026. a. That this Honourable court is hereby pleased to review and/or vary the Judgment and orders issued on the 10th of November, 2015 to include the parcels of land Plot No. Kwale/Mabokoni/106 and Plot No. Kwale/ Mabokoni/107 to form part of the Estate of the Deceased herein. b. That this Honourable court is hereby pleased to vest the parcels of land known as Kwale/Mabokoni/106 and Kwale/Mabokoni/107 in Omari Salimu Kinungu of ID/NO. 14623759 and Ashura Salim Kinungu of ID/No. 28934730 in equal shares. c. That the County Land Registrar, Kwale to transmit the Estate properties through Omari Salimu Kinungu of ID/No. 14623759 and Ashura Salim Kinungu Of Id/No. 28934730 as the proprietors in common in equal shares. These are the orders of the court. DATED, SIGNED AND DELIVERED IN THE OPEN COURT ON THIS 27TH DAY OF AUGUST, 2026. HON. HABIB SALIM VUMBI SENIOR PRINCIPAL KADHI Delivered in the open court in the presence of the following: Mr. Ratemo for the Applicant Mr. Sha Mwahima …. Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/21/eng@2026-08-27 3
page 3 of 3