In re Estate of Ngule (Deceased) (Succession Cause E141 of 2026) [2026] KEKC 25 (KLR) (20 August 2026) (Judgment) Neutral citation: [2026] KEKC 25 (KLR) REPUBLIC OF KENYA IN THE KADHIS COURT AT KWALE SUCCESSION CAUSE E141 OF 2026 HS VUMBI, SPK AUGUST 20, 2026 IN THE MATTER OF ESTATE OF MICHAEL MUASYA NGULE (DECEASED) IN THE MATTER OF YUSUF NGULE MUASYA ALIAS JOSPH NGULE MUASYA ........... PETITIONER JUDGMENT 1. Death is inevitable. For the fact that death is a channel through which every living soul must pass through, when it comes, and the deceased usually leaves behind an estate. As a result, Islam being a complete way of life has spelt out how the deceased’s estate should be shared among his relations as ordained by Allah. By estate, I mean the entire property a deceased leaves behind such as houses, cars, clothes, furniture, land, farm, jewelers, cash (at hand and in bank), shares, bonds, gratuity and so on including socks and underwear; everything subhanallahu. 2. This is an uncontested succession petition. The petitioner herein while in person led this Succession Petition on the 17th August, 2026. The petition was accompanied by a verifying adavit, Petitioner’s statement, and Petitioner’s list of documents attaching a letter dated 5th August, 2026 issued by the County Civil Registrar conrming the deceased’s death, certicate of confession, further adavit sworn on the 7th August, 2026, letter from the area chief Dzombo location, copy of ocial search dated 17th of June, 2026 and copy of his identity card. The petitioner herein prayed the court the following prayers: 3. 1. A declaration that the Petitioner is the rightful heir and administrator of the Deceased property. 2. Distribution of the deceased property 3. Any other relief as this court deems t to grant. Michael Muasya Ngule passed away a Muslim and intestate on the 17th day of August, 1978 at his residence in Golini Sub-location, Matuga Sub-County within Kwale County as it appears in the letter dated 5th August, 2026 issued by the County Civil Registrar conrming the Deceased’s death. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/25/eng@2026-08-20 1
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4. On the face of the petition specically at Para 5 the petitioner herein pleaded that he is the only child left behind by the Deceased herein. 5. The Petitioner submitted that the deceased herein during his lifetime had acquired a property parcel of land known as Kwale/Mrima/49 and was registered under his name as sole proprietor. 6. The Petitioner herein was heard on the 18th of August, 2026. The Petitioner stated exactly what was pleaded in the Petition. He stated that the deceased herein is his late father. He further stated that the deceased upon his death was survived by only one issue. He contends that the deceased herein during his lifetime had acquired a parcel of land known as Kwale/Mrima/48 and it was registered under his name as sole proprietor. On cross examination by the bench the Petitioner stated the Deceased herein was a Muslim and died a Muslim. He further stated that initially the Deceased was a Christian but later on in his life converted to Islam. He stated that he cannot recall when the deceased converted to Islam because at the time he was a young schooling boy. He contends he himself was a Christian but converted to Islam in 2000. 7. 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. 8. 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. 9. 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. 10. I am therefore satised that the basic requirement under the law of succession Act (Cap 160) and substantive Islamic law of succession has been met. 11. 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. What constitute the estate of the deceased herein 2. Who are the deceased rightful heirs and their shares? 3. Mode of distribution 12. In regard to the issue of what constitute the estate of the deceased, from the Succession petition specically, Para 5 of the Petition together with the documentary evidence specically the certicate of ocial search dated 17th of June, 2026 and the evidence adduced in court, it is clear that the deceased left a parcel of land known as Kwale/Mrima/49 registered under his name as sole proprietor. 13. In determining the issue based on the evidence adduced in court this Honourable court is pleased to declare that the parcel of land known as Kwale/Mrima/49 forms part of the Estate of the Deceased herein. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/25/eng@2026-08-20 2
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14. In regard to the issue of who are the rightful heirs of the deceased, from the pleadings and the uncontroverted evidence adduced in court, it is clear that the Petitioner; Joseph Ngule Muasya aka Yusuf Ngule Muasya is the sole heir of the deceased herein. 15. In determining shares of inheritance of the heirs, 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 16. That the verse does specify that the children of a deceased person inherits the estate in manner that a share of a male child is what is equivalent to two shares of a female child. In the instant matter the rightful heir is only one issue of the deceased and is a son. Therefore, the son will inherit the entire Estate. 17. In nutshell this Honorable court in determining this matter holds the following terms: 1. That the parcel of land known as Kwale/Mrima/49 forms part of the Estate of the deceased herein. 2. That the Petitioner herein Joseph Ngule Muassya aka Yusuf Ngule Muasya of ID/No. 113xxx56 is the sole heir of the Deceased herein and he inherit the whole Estate. 3. That this Honorable court is hereby pleased to vest the estate property in the Petitioner herein. 4. That the County Land Registrar, Kwale, to transmit the Estate property being Kwale/ Mrima/49 in the Petitioner one Joseph Ngule Muasya aka Yusuf Ngule Muasya of ID/NO. 113xxx56 as sole proprietor. 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 Petitioner ............................. SIGNED BY/FOR: HON.HABIB SALIM VUMBI(SPK) KWALE KADHI COURT DATE: 2026-08-20 11:22:11 https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/25/eng@2026-08-20 3
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