In re Estate of Kambi

4. Distribution of Estate according to Islamic law 3. Ngumbao Dzaya Kambi passed away intestate and a Muslim on 11th March, 2006 at his residence in Kizibe, Mwaluphamba Location within Matuga Sub-County as it appears in the certicate of death attached hereto. 4. On the face of the petition specically at Para 6 the petitioner herein pleaded that the Deceased upon his death was survived by the following: a. Kazungu Kitsao Ngumbao …. Grandson b. Rimba Kitsao Ngumbao …. Grandson c. Bahati Kitsao …. Granddaughter d. Jihnson Mwagona Kitsao …. Grandson e. Nzovu Kitsao Ngumbao …. Grandson f. Nyevu Kitsao Ngumbao …. Granddaughter 5. At the time of Ngumbao Dzaya Kambi’s death, he left the following unencumbered and available properties known as Kwale/Kirazini “B”/64. The Petitioner herein stated that the Deceased herein had no liabilities/debts at the time of his death. 6. The Petitioner pleaded that he converted to Islam on the 31st April, 2014 whereas he was issued with a certicate of conversion on the 2nd March, 2015 hence adopted the name Mohamed. He further pleaded that the deceased upon his death was survived by his son, Kitsao Ngumbao Dzaya who passed away on 21st November, 2011. That the said son of the deceased herein upon his death was survived by six (6) issues and mentioned and reproduced in Para 11 of the petition. 7. It was pleased by the Petitioner in Para 11 of the petition that the dependents have unanimously agreed that the property be registered in the following names; Kazungu Kitsao Ngumbao, Rimba Kitssao Ngumbao, Bahati Kitsao, Johnson Mwagona Kitsao and Nzovu Kitssao Ngumbao as Trustees. 8. The matter was heard on the 31st of August, 2026. The Petitioner herein stated exactly what was pleaded in the pleadings. He stated that the deceased herein is his late paternal grandfather. He stated that the deceased had a parcel of land known as Kwale/Kirazini B/64 situate at Kizibe, Mwaluphamba location. He further stated that the deceased was blessed with only one child who also survived him. He contends that the said child of the deceased happens to be his father and was also survived by other ve (5) issues. He avers that the distribution be aected in equal shares amongst all the heirs. 9. Kazungu Kitsao, Rimba Kitsao, Bahati Kitsao and Nzovu Kitsao all appeared in court and recorded their statements. They stated that the Deceased is their paternal grandfather. They stated that they are children of one Kitsao Ngumbao Dzaya, who happens to be the only child of the deceased herein. They stated that they have no objection on the mode of distribution and the names proposed to be registered in respect to the estate properties as Trustees. 10. 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. 11. The concept of administration of estate was introduced in Kenya for the rst time by the British rule. 12. 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. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/24/eng@2026-09-03 2

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13. 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. 14. 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. 15. 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. 16. I have considered the pleadings and the oral submission and this Honorable court frames the following as issues for determination: a. Whether this Honourable court should appoint the Petitioner Johnson Mwagona Kitsao as the administrator of the Estate of the Deceased b. What constitute the Deceased estate c. Who are the rightful heirs of the Estate of the Deceased? d. Mode of Distribution 17. On the issue of appointing Johnson Mwangona Kitssao 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 22nd of July, 2026 to support his averments. 18. For the above reasons the court is pleased to appoint Johnson Mwagona Kitsao of ID/NO. 23xxxx24 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. 19. In regards to the issue of what constitute the deceased Estate, looking at the pleadings, the oral submission together with the documentary evidence presented in court by the Petitioner specically the copy of title number Kwale/Kirazini B/64, certicate of Ocial search dated 20th of July, 2026, it is crystal clear that the parcel of land known as Kwale/Kirazini B/64 is registered under the name of the deceased as sole proprietor. 20. Pursuant to Land Act sec 30 (3) states as follows: “ A certicate of title or certicate of lease shall be prima facie evidence of the matters shown in the certicate, and the land or lease shall be subject to all entries in the register”. 21. My understanding of the Act is that the name appearing in the title document or lease is the owner and that factual evidence cannot negate legal principle. 22. In determining the issue based on the pleadings and the material documents presented in court, this Honourable court is hereby pleased to declare that the parcel of land Kwale/Kirazini “B”/64, forms part of the estate of the deceased person herein. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/24/eng@2026-09-03 3

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23. In regards to the issue of who are the rightful heirs of the deceased, it is not is dispute that the deceased upon his death was survived by one child only. 24. According to the substantive Islamic law of inheritance, Islamic inheritance requires the following: 25. 26. 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. Based on the foregoing I do hereby pleased to declare that the following are the rightful heir of the deceased herein; is one Kitsao Ngumbao Dzaya (son), now deceased having died on the 21st November, 2011. However, based on the pleadings and evidence adduced in court is that before the administration of the Estate, Kitsao Ngumbao Dzaya died and was survived by the following: a. Kazungu Kitsao Ngumbao …. Son b. Rimba Kitsao Ngumbao …. Son c. Bahati Kitsao …. Daughter d. Jihnson Mwagona Kitsao …. Son e. Nzovu Kitsao Ngumbao …. Son f. Nyevu Kitsao Ngumbao …. Daughter On the issue of the mode of distribution the Petitioners together with the other heirs informed the Honourable court that the family convened a meeting and unanimously agreed on the mode of distribution be eected in equal shares amongst all the heirs. In nutshell this Honorable court hold the following terms: 1. That the parcel of land known as Kwale/Kirazini ‘B’/64 forms part of the Estate of the Deceased herein. 2. That the rightful heir of the deceased is Kitsao Ngumbao Dzaya and he inherits the whole Estate. 3. That since Kitsao Ngumbao Dzaya is no more, the Estate property devolves to his children in common equal shares as follow: a. Kazungu Kitsao Ngumbao (Son), is entitled to 1/6 b. Rimba Kitsao Ngumbao (Son), is entitled to 1/6 c. Bahati Kitsao (Daughter), is entitled to 1/6 d. Johnson Mwagona Kitsao (Son), is entitled to 1/6 e. Nzovu Kitsao Ngumbao (Son), is entitled to 1/6 f. Nyevu Kitsao Ngumbao (Daughter), is entitled to 1/6 https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/24/eng@2026-09-03 4

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1. That the County Land Registrar Kwale to transmit the Estate property Kwale/Kirazini “B”/64 through Kazungu Kitsao Ngumbao OF ID/NO. 67xxx46, Rimba Kitsao Ngumbao OF ID/NO. 14xxxx80, Bahati Kitsao Of ID/NO. 22xxxx90, Johnson Mwagona Kitsao OF ID/NO. 23xxxx24 And Nzovu Kitsao Ngumbao OF ID/NO. 26xxxx57 as Trustees. 5. That this Honourable Court is hereby pleased to appoint the Petitioner Johnson Mwagona Kitsao of ID/NO. 23xxxx24 as administrator of the Estate of the Deceased herein. These are orders of the court. DATED, SIGNED AND DELIVERED IN THE OPEN COURT ON THIS 03RD DAY OF SEPTEMBER, 2026 HON. HABIB SALIM VUMBI SENIOR PRINCIPAL KADHI Date: 2026-09-03 09:42:01 Delivered in the open court in the presence of the following: - Mr. Mwatondo for the Petitioner Mr. Sha Mwahima …. Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/24/eng@2026-09-03 5

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