In re Estate of Ramtu alias Ali Omari Ramtu

The Petitioner herein pleaded that the Deceased herein passed away a Muslim and intestate sometimes in 1988 as it appears in the letter issued by the Registrar of persons. That upon his death he was survived by the following: a) Ambari Alii Ramtu …. Son b) Mboza Ramtu …. Daughter c) Bakari Alii Ramtu …. Son (Now Deceased) d) Mwanarusi Ali Ramutu …. Daughter. The Petitioner pleaded that the deceased had no liabilities/debts at the time of his death and that during his lifetime had acquired a property known as KWALE/KUNDUTSI “B”/890. The matter was heard on the 11th August, 2026. The Petitioner stated that the deceased herein is his late father. He stated exactly what was pleaded in the pleadings. He further stated that his brother Bakari Alii Ramtu is no more and is represented by his daughter Sofia Bakari Ramtu. He contends that the family convened a meeting and resolved that the Estate property be transmitted through his name as Trustee. He stated that the Estate property be distributed in accordance with the Islamic law of inheritance. Mboza Alii Ramtu Mwanarusi Ali Ramutu who happens to be children of the deceased together with Sofia Bakari Ramtu who happens to be a paternal granddaughter of the deceased appeared in court and recorded their statements. They stated that the deceased was survived by four (4) issues; however, one died before the administration of the Estate. They further stated that the deceased during his lifetime acquired a parcel of land known as KWALE/KINDUTSI B/890 and was registered as sole proprietor. They aver that the Petitioner be appointed as administrator of the Estate and that the property be transmitted through his name as Trustee. In modern Kenya, the administration of the deceased Muslim is governed by law of succession Act Cap 160, where they are not inconsistent with those of Muslim laws. It should be noted that the substantive law that is applicable to the estate of a deceased Muslim is Muslim law as provided by Sec 2 (3) of the Act. When a Muslim die without appointing an executor, or dies intestate there is no harm in approaching the court of law in obtaining letters for administration for the purpose of: a) Collecting and preserving the estate of the deceased. b) Paying all charges against the estate. c) Paying debts and legacies. d) Distributing the remaining property among the rightful heirs …. Among others. I am therefore satisfied that the basic requirement under the law of succession Act (Cap 160) and substantive Islamic law of succession has been met. I have considered the pleadings and the oral submission and this Honorable court frames the following as issues for determination: a) What constitute the Estate of the Deceased b) Who are the rightful heirs of the Estate of the Deceased? The Judiciary of Kenya Doc IDENTITY: 45747192913614486277325799172 Tracking Number:OOEZD22026 2/ 5

page 2 of 5

c) Mode of Distribution d) Whether the Honourable court should remove the deceased’s name from the title number KWALE/NG’OMBENI/1693, and replace with the Petitioner In regard to the issue of what constitute the Estate of the estate of the deceased, based on the pleadings specifically para 6 of the petition, certificate of adjudication search dated 3rd of April, 2026 and the evidence adduced in court, the parcel of land known as KWALE/KUNDUTSI “B”/890 is registered under the name of the deceased herein as the sole proprietor. In determining the issue based on the aforesaid above, this Honourable court is pleased to declare that the parcel of land known as KWALE/KUNDUTSI “B”/890 forms part of the Estate of the Deceased herein. In regards to the issue of who are the rightful heirs of the deceased, it is not in dispute that the persons mentioned and reproduced by the Petitioner in Para 5 of the petition are the rightful heirs of the Deceased herein. According to the substantive Islamic law of inheritance, Islamic inheritance requires the following: a) Death of the Owner (Al- Muwarrith): Confirmed physically or by legal/judicial decree. b) Survival of Heirs (Al- Warith): The heir must be alive at the time of the deceased’s death. A fetus in the womb can inherit if born alive. c) Existing Estate (Al- Mawruth): There must be property, assets, or rights left by the deceased to be inherited. d) Valid Relationship: The relationship (blood or marriage) must be legitimate. Adopted children do not inherit. Based on the foregoing I do hereby pleased to declare that the rightful heirs of the Deceased herein are as follows: a) Ambari Alii Ramtu …. Son b) Mboza Ramtu …. Daughter c) Bakari Alii Ramtu …. Son (Now Deceased) d) Mwanarusi Alii Ramutu …. Daughter. However, before the administration of the Estate Bakari Alii Ramtu died. Therefore, his share of the Estate of his late father, the deceased herein shall devolve to his beneficiaries/heirs represented by one Sofia Bakari Ramtu. In determining the rightful shares of inheritance, the court’s attention is drawn to Holy Quran chapter 4 verses 11. “Allah instructs you concerning your children: (i.e. their portions of inheritance) for the male, what is equal to the shares of two females. But if there are (only) daughters, two or more, for them is two thirds of one’s estate. And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children …” Q: 4:11 The Judiciary of Kenya Doc IDENTITY: 45747192913614486277325799172 Tracking Number:OOEZD22026 3/ 5

page 3 of 5

The above verses do specify that the Deceased children inherits the Estate in a manner that a share of a son is twice the share of a Daughter. In the instant matter the rightful heirs are four (4) issues; two (2) sons and two (2) daughters. Accordingly, the share of a brother is twice the share of his sister. Nevertheless, given the Qur’anic specification, it appears that, male siblings inherit double the amount inherited by his sister but there is one vital justification on variations. The amount inherited by the sister is a net amount added to her wealth. This is a consequence of the rule of maintenance under Islamic law; women have no duty to maintain themselves or others while males are obliged to support them. A woman has exclusive right of disposal over her property where she inherits it or earns it. She has no financial obligation/liability of maintaining over her children. The husband is bound to maintain her and her children however considerable her wealth may be. The amount inherited by a brother is a gross amount from which he will have to deduct the expenses of supporting the various women, elderly men and children in the family. Thus, the share given to a man is in proportion to his responsibilities and not due to any superiority over the female. In Ibrahim Aboobaker and Anor. Vs. Teik Chand Dolwan and Others. Reported in AIR 1953 SC 298; (1954) 56 BOMLR6 wherein is stated that: “It’s well recognized proportion of law that the estate of a deceased Mohammedan devolves on his heirs in specific shares at the moment of his death……” These facts illustrate what jurists have known all along namely that inheritance law under Islamic law are quite complicated and cannot be reduced to a single slogan. It is the view of the court that the provision of Mawarith (succession) given each heir his divinely fixed shares. In nutshell this Honorable court hold the following terms: 1) THAT the parcel of land known as KWALE/KUNDUTSI “B”/890 forms part of the Estate of the Deceased herein. 2) THAT the rightful heirs of the Deceased herein and their shares are as follows: a) Ambari Alii Ramtu, son, is entitled to 2/6, (33.33%) b) Mboza Ramtu, daughter, is entitled to 1/6, (16.67%) c) Bakari Alii Ramtu, son, is entitled to 2/6, (33.33%) d) Mwanarusi Ali Ramutu. Daughter, is entitled to 1/6, (16.67%) 3) THAT this Honorable court is hereby pleased to vest the Estate property in the heirs in their respective shares. 4) THAT the share of the late Bakari Alii Ramtu being 2/6, (33.33%), devolve to his beneficiaries/heirs 5) THAT the County Land Registrar, Kwale, be and hereby ordered to transmit the Estate property being KWALE/KUNDUTSI “B”/890 in the Petitioner herein AMBARI ALII The Judiciary of Kenya Doc IDENTITY: 45747192913614486277325799172 Tracking Number:OOEZD22026 4/ 5

page 4 of 5

RAMTU of ID/NO. 9875219 as Trustee. These are orders of the court. Dated, signed and delivered in the open court on this 20th Day of August, 2026. HON. HABIB SALIM VUMBI SENIOR PRINCIPAL KADHI Delivered in the open court in the presence of the following: - Mr. Shaffi Mwahima …. Court Assistant Ms. Siminyu learned counsel for the Petitioner SIGNED BY/FOR: □ TH E JUDICIAR Y OF KENY A ★ HON.HABIB SALIM VUMBI(SPK) Kwale Kadhi Court Kadhi Court Date: 2026-08-20 11:19:28 The Judiciary of Kenya Doc IDENTITY: 45747192913614486277325799172 Tracking Number:OOEZD22026 5/ 5

page 5 of 5