In re Estate of Nini

c. Elizabeth Musyoki Nini …. Daughter d. Annastacia Mueni Musyoki …. Daughter (now deceased) e. Catherine Syombua Mussyoki …. Daughter f. Dorothy Kavine Musyoki …. Daughter g. Christina Kamene Musyoki …. Daughter h. Micheal Wambua Musyoki …. Son i. Paul Musyoki Nini …. Son (Now Deceased) j. Wanza Musyoki Nini …. Daughter k. Kyalo Musyoki …. Son l. Mutile Musyoki …. Daughter m. Benjamin Nini Musyoki …. Son n. Peter Mulei Musyoki …. Son 4. The Petitioner pleaded that the deceased had no liabilities/debts at the time of his death and that during his lifetime he had acquired a property known as Kwale/shimba Hills/787. 5. 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 some of the deceased’s children are Muslims and some are non-Muslim. He avers that he converted to Islam and adopted the name Ibrahim. He further avers that his late father the deceased herein was Muslim and he died as a Muslim. He contends that the family convened a meeting and proposed that the Estate property be transmitted through his name as a Trustee. He stated that the Estate be distributed amongst the heirs in equal shares. He further stated that the shares of his late siblings be devolved to their beneciaries. He avers that the late Annastacia Mueni Musyoki was survived by Felix Mutinda and Consolata Mumbua. He further avers that the late Paul Musyoki Nini was survived by Julius Musyoki, Faith Mbula, Josphine Mutio and Kioko Paul. 6. On cross examination by the bench he stated that despite being there sharia law stating that a Muslim doesn’t inherit an Estate of a Non-Muslim and vise versa, the family had agreed to share the Estate amongst all the beneciaries/dependents of the Deceased whether a Muslim or a non-Muslim. 7. Elena Mbula (2nd widow), Micheal Wambua Mussyoki, Catherine Syombua Musyoki, Mutile Musyoki and Peter Mulei Musyoki, who happens to be children of the deceased stated that the Petitioner’s statement is true and accurate. They stated that it is true the family convened a meeting and proposed the appointment of the Petitioner as Administrator of the 8. Estate property and that the Estate property be transmitted through the Petitioner as Trustee. They further stated that they have no objection for all the deceased’s beneciaries/dependents inheriting the Estate despite their dierent religion. 9. Muslim law didn’t recognize the concept of administration/trustee of estate. In contrary, it has laid down machinery for the administration of the estate of the deceased among the legatees and the heirs. 10. The concept of administration of estate was introduced in Kenya for the rst time by the British rule. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/23/eng@2026-08-20 2

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11. 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. 12. 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. 13. 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. 14. I am therefore satised that the basic requirement under the law of succession Act (Cap 160) and substantive Islamic law of succession has been met. 15. I have carefully considered the pleadings together with the oral submission of the Petitioner herein and this Honorable court frames the following as issues for determination: 1. Whether the Honourable court should appoint the Petitioner herein Kyalo Musyoki as administrator of the estate of the deceased herein. 2. What constitute the estate of the deceased herein 3. Who are the deceased rightful heirs and their shares? 4. Mode of distribution 16. On the issue of appointing Kyalo Musyoki as administrator, it is clear from the evidence adduced in court that the there is consensus by the members of the family specically the heirs of the deceased, that the Petitioner herein be appointed as administrator of the estate of the Deceased. The Petitioner led a family consent dated 14th of July, 2026 to support his averments. 17. For the above reasons the court is pleased to appoint Kyalo Musyoki of ID/NO. 11xxxxx05 as Administrator of the Estate of the Deceased herein. However, for the issuance of grant of letters of Administration Intestate, I do hereby advise the Petitioner to follow the due process of P & A. 18. In regard to the issue of what constitute the Estate of the estate of the deceased, based on the pleadings specically para 5 of the petition, together with the certicate of ocial search dated 8th July, 2026 and the evidence adduced in court, the parcel of land known as 19. KWALE/SSHIMBA HILLS/787 is registered under the name of the deceased herein as the sole proprietor. 20. In determining the issue based on the aforesaid above, this Honourable court is pleased to declare that the parcel of land known as KWALE/SHIMBA HILLS/787 forms part of the Estate of the deceased herein. 21. 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 4 of the petition are the rightful heirs of the Deceased herein. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/23/eng@2026-08-20 3

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22. It is worthy noting that the Petitioner herein stated that the widows and the children of the deceased herein to inherit the estate of the deceased despite being there dierence on religion between them and the deceased. 23. According to the Islamic law of inheritance a Muslim does not inherit an Estate of a non-Muslim and Non-Muslim doesn’t inherit an estate of a Deceased Muslim. 24. In determining in the Matter of the Estate of Ishmael Juma Cheklang - Deceased (2002) eKLR, Etyang, J. was faced with a similar case had this to say: “Under Islamic law no non-Muslim is permitted to inherit the estate of a Muslim. This was ably veried in this court by the Kadhi of Nairobi Mr. Hammat Mohamed Kassim. It follows therefore …… Secondly, an illegitimate child does not inherit the estate of his or her father but is permitted to inherit from his or her mother. The reason for this can be found in the Principles of Mohammedan Law by Dr. (Mrs) Nishi Patel 1995 CTS publication Cap XIII at page 251:” “Law Of Parentage: Introduction 25. The Law of parentage, which includes paternity and maternity, is the result of the institution of marriage. A Mohammedan marriage is a contract, which confers the status of husband and wife on the parties and a legitimacy on the children. Parentage gives rise to the concepts of legitimacy and illegitimacy. Illegitimacy is totally untolerated and sexual-relations outside marriage are condemned as illicit and the woman who involved in it, it punishable for Zina (fornication). Zaid reported Allah’s Messenger (May peace be upon him) as saying: A Muslim is not permitted from a non-Muslim; a non-Muslim is not entitled to inherit from a Muslim. A Muslim is not permitted to inherit anything of the wealth of a non-Muslim relative, as the Prophet (peace and blessings of Allah be upon him) said: “The believer does not inherit from a Kaar (disbeliever) and the Kaar does not inherit from a believer.” (Reported by albukhaari, al-Fath 4283). According to other report, he said: “The Muslim does not inherit from a Kaar and the Kaar does not inherit from a Muslim.” The Messenger of Allah (peace be upon him) said: “People who belong to two dierent religions do not inherit from one another.” (Reported v=by Abu Dawud in al-Sunan. Kitab al-Faraa’idh, and deemed hasan by al-Albaani in Saheeh al-Jaami’, 7614- because when the ties of religion are cut, the ties of inheritance are also cut, because the formed is the basis of the latter. 26. According to the substantive Islamic law of inheritance, Islamic inheritance requires the following: a. Death of the Owner (Al- Muwarrith): Conrmed 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. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/23/eng@2026-08-20 4

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27. 28. Based on the foregoing I do hereby pleased to declare that the rightful heirs of the Deceased herein are as follows: a. Syumuti Mussyoki …. Widow b. Elena Mbula Musyoki …. Widow c. Elizabeth Musyoki Nini …. Daughter d. Annastacia Mueni Musyoki …. Daughter (now deceased) e. Catherine Syombua Mussyoki …. Daughter f. Dorothy Kavine Musyoki …. Daughter g. Christina Kamene Musyoki …. Daughter h. Micheal Wambua Musyoki …. Son i. Paul Musyoki Nini …. Son (Now Deceased) j. Wanza Musyoki Nini …. Daughter k. Kyalo Musyoki …. Son l. Mutile Musyoki …. Daughter m. Benjamin Nini Musyoki …. Son n. Peter Mulei Musyoki …. Son In determining the rightful shares of inheritance, the court’s attention is drawn to Holy Quran chapter 4 verses 11 and 12. “ 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 “In that which you leave their (your wives) share is a fourth if you leave no child; but if you leave a child they get an eighth of that which you leave after payment of legacies you may have bequeathed or debts”. Q 4:12. 29. The above verses do specify that a widow inherit an eighth share of her late husband estate in the event her late husband left behind children whether from her and/or from another woman. That the other verse does specify that children inherit an Estate of their late parent in a manner that a share of a male child is twice the share of a female child. However, in the instant matter the heirs unanimously agreed to distribute the Estate property is equal share amongst themselves. 30. In nutshell this Honorable court hold the following terms: 1. That the parcel of land known as KWALE/SHIMBA HILLS/787 forms part of the Estate of the Deceased herein. 2. That the rightful heirs of the Deceased herein and that they inherit the Estate property in equal shares: https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/23/eng@2026-08-20 5

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31. a. Syumuti Musyoki …. Widow b. Elena Mbula Musyoki …. Widow c. Elizabeth Musyoki Nini …. Daughter d. Annastacia Mueni Musyoki …. Daughter (now deceased) e. Catherine Syombua Mussyoki …. Daughter f. Dorothy Kavine Musyoki …. Daughter g. Christina Kamene Musyoki …. Daughter h. Micheal Wambua Musyoki …. Son i. Paul Musyoki Nini …. Son (Now Deceased) j. Wanza Musyoki Nini …. Daughter k. Kyalo Musyoki …. Son l. Mutile Musyoki …. Daughter m. Benjamin Nini Musyoki …. Son n. Peter Mulei Musyoki …. Son That each heirs is entitled to a share fraction of 1/14, share percentage of 7.143% 1. That this Honorable court is hereby pleased to vest the Estate property in the heirs in their respective shares. 2. That the share of the latE Annastacia Mueni Musyoki being 1/4 (7.143%) is hereby devolves to her beneciaries/Heirs. 3. That the share of the late Paul Musyoki Nini being 1/14 (7.143%) be and hereby devolves to his beneciaries/heirs. 4. That this Honourable Court is hereby pleased to appoint the Petitioner herein Kyalo Musyoki of ID/NO. 11xxxxx05 as Administrator of the Estate of the Deceased herein for purposes of distribution. 5. That the County Land Registrar, Kwale, be and hereby ordered to transmit the Estate property through the Petitioner herein Kyalo Musyoki of ID/NO. 11xxxxx05 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. Sha Mwahima …. Court Assistant Mr. Kabiero Advocate for the Petitioner https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/23/eng@2026-08-20 6

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