REPUBLIC OF KENYA IN THE KADHI COURT OF KENYA AT KWALE COUNTY COURT NAME: KWALE KADHI COURT CASE NUMBER: KCSUCC/E136/2026 IN THE MATTER OF ESTATE OF NZILI RISASI, HAMZA SAID NZILI, ATHUMANI SAIDI NZILI, MWINYIALI SAIDI NZILI, (DECEASEDS): PETITIONER; MAZEWE JUMA RISASI JUDGMENT 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. The petitioner herein while in persons moved this Honourable court vide an uncontested petition dated 27th of July, 2026 and filed in court on the 29th July, 2026. The petition was accompanied by a verifying affidavit; list of witnesses, list of documents attaching four copies of certificate of death, letter dated 13th of February, 2026, from Mwaluphamba senior chief, family consent dated 13th February, 2026, certificates of official searche dated 29th January, 2026 and copies of identification of the heirs. The petitioners herein prayed the court the following prayers: 1) Determination of Succession Orders 2) Distribution of Heirs according to Islamic Law 3) Vesting orders of Estate to Heirs 4) THAT the names NIZILI RISASSI, HAMZA SSAIDI NZILI, ATHUMANI SAIDI NZILI & The Judiciary of Kenya Doc IDENTITY: 45839082913644786277325799027 Tracking Number:OOPMHG2026 1/ 5
page 1 of 5
MWINYIALI SAIDI NZILI deceased persons to be replaced by MWAMURE SAIDI NZILI Alias MATANO ALI NZILI, RAMADHANI RISASSI NZILI, MATANO NZILI & MWAZEWE JUMA RISASI. NZILI RISASI the 1st Deceased person passed away intestate and a Muslim on 10th October, 1977 at his residence in Mwaluphamba Location within Matuga Sub-County as it appears in the certificate of death. HAMZA SAIDI NZILI the 2nd Deceased person passed away a Muslim and intestate on the 29th April, 2013 in his residence at Mlafyeni Mwaluphamba Location within Matuga SubCounty as it appears in the certificate of death. ATHUMANI SAIDI NZILI the 3rd Deceased person passed away a Muslim and intestate on the 26th February, 2001 at his residence in Mtsangatamu, Mwaluphamba Location within Matuga Sub-County as it appears in the certificate of death attached hereto. MWINYIALI SAIDI RISASI the 4th Deceased person herein passed away a Muslim and intestate on the 4th August, 2002 at his residence in Mtsangatamu Mwaluphamba Location within Matuga Sub-County as it appears in the certificate of death attached hereto. On the face of the petition specifically at Para 3 the petitioner herein pleaded that the Deceased persons upon their death were survived by the following: a) Ramadhan Saidi Nzili b) Matano Nzili c) Iddi Hamsa Nzili d) Mwazewe Juma Risasi e) Mwamure Saidi Nzili Alias Matano Ali Nzili It was pleased that the Deceased persons during their lifetime co-owned a property known as KWALE/KIRAZINI A/1 registered in their names as proprietors in equal shares. The matter was heard on the 11th of August, 2026. The Petitioner herein stated the 1sst Deceased person herein is a father to the 2nd, 3rd & 4th Deceased persons herein. He stated that the four deceased persons co-owned a parcel of land known as KWALE/KIRAZINI A/1 in equal shares. He contends that the 3rd Deceased person is his late father. He further contends that his late father upon his death he was survived by two (2) widows and eighteen (18) issues. He stated that the two widows are currently no more. He stated that eight of his siblings died after the death of his late father the 3rd Deceased person herein. He further stated that all his siblings and the children of the other deceased persons are aware of the court proceedings. He avers that the family convened a meeting and unanimously agreed to transmit the estate property through MWAMURE SAIDI NZILI Alias MATANO ALI NZILI, RAMADHANI RISASSI NZILI, MATANO NZILI & MWAZEWE JUMA RISASI as Trustees. Mwamuye Saidi Nzili who happens to be a son of the 1st Deceased person stated that the 2nd, 3rd, & 4th Deceased persons are his siblings. He avers that the suit property was a sole property of his late father the 1st Deceased person herein, however, it was registered in the 1st Deceased person together with the names of the 2nd, 3rd & 4th deceased The Judiciary of Kenya Doc IDENTITY: 45839082913644786277325799027 Tracking Number:OOPMHG2026 2/ 5
page 2 of 5
persons. He stated that the 2nd, 3rd, & 4th deceased persons are children of the 1st Deceased person. He contends that he has no objection for the Estate property being transmitted through MWAMURE SAIDI NZILI Alias MATANO ALI NZILI, RAMADHANI RISASSI NZILI, MATANO NZILI & MWAZEWE JUMA RISASI as Trustees. Iddi Hamza who happens to be a son of the 2nd Deceased person stated that his late father was survived by eight (8) issues. He further stated that he has no objection for the transmission of the Estate property through MWAMURE SAIDI NZILI Alias MATANO ALI NZILI, RAMADHANI RISASSI NZILI, MATANO NZILI & MWAZEWE JUMA RISASI ass Trustees. Matano Mwinyiali Nzili who happens to be a son of the 4th Deceased person stated that the parcel of land known as KWALE/KIRAZINI A/1 was a property of his late paternal grandfather the 1st Deceased herein, however, it was registered in the names of the deceased persons herein. He avers that he doesn’t have any objection for the transmission of the estate property through MWAMURE SAIDI NZILI Alias MATANO ALI NZILI, RAMADHANI RISASSI NZILI, MATANO NZILI & MWAZEWE JUMA RISASI ass Trustees. 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 Deceased estate b) Who are the rightful heirs of the Estate of the Deceased? c) Mode of Distribution 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 specifically the certificates of Official searches both dated 29th of January, 2026, it is clear that the names of the deceased persons herein were registered as proprietors in common in equal shares 1/5 undivided shares. However, during the hearing the Petitioner together with the members of the family some of whom are children of the deceased, stated that the deceased had ten (10) children, and that the suit property belonged to the 1st The Judiciary of Kenya Doc IDENTITY: 45839082913644786277325799027 Tracking Number:OOPMHG2026 3/ 5
page 3 of 5
Deceased person herein. It was stated that the 1st Deceased person was the father of the 2nd, 3rd and 4th Deceased person herein, and that the 2nd, 3rd & 4th Deceased persons were just registered in the parcel of land but they were not proprietors. This fact was disputed by all the heirs who appeared before this Honourable court. In determining the issue this Honourable court is hereby pleased to declare that the parcel of land known as KWALE/KIRAZINI ‘A’/1 form part of the Estate of the 1st Deceased person herein. From the pleadings and the evidence adduced in court, it is clear that the Deceased persons were survived by their children the 2nd, 3rd & 4th Deceased persons being amongst the ten children of the 1st Deceased persons. The evidence adduced in court indicates that some primary heirs have already departed, however, they were survived by their children. Therefore, the rightful heirs are the children of the 1st Deceased herein together and that those who have already departed their shares devolves to their beneficiaries/heirs. The Petitioner’s claim was to transmit the estate property Mwamure Saidi Nzili Alias Matano Ali Nzili, Ramadhani Risasi Nzili, Matano Nzili, Idi Hamsa Nzili & Mwazewe Juma Rissasi as Trustee. In nutshell this Honorable court hold the following terms: 1) That the parcels of land known as KWALE/KIRAZINI ‘A’/1 form part of the Estate of the Deceased persons herein. 2) That the rightful heirs of the 1st deceased person are the 2nd, 3rd & 4th Deceased persons together with others. 3) That the heirs of the 2nd, 3rd & 4th Deceased persons are their children. 4) That the Estate property is hereby vested in the heirs. 5) That the County Land Registrar Kwale to issue transmit the Estate property through estate property through MWAMURE SAIDI NZILI Alias MATANO ALI NZILI of ID/NO. 23295603, RAMADHANI RISASI NZILI of ID/NO. 1168903, MATANO NZILI of 8410950 ID/NO. & MWAZEWE JUMA RISSASI of id/no. 8411470as Trustees. 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 Petitioner …………………………….. SIGNED BY/FOR: The Judiciary of Kenya Doc IDENTITY: 45839082913644786277325799027 Tracking Number:OOPMHG2026 4/ 5
page 4 of 5
□ TH E JUDICIAR Y OF KENY A ★ HON.HABIB SALIM VUMBI(SPK) Kwale Kadhi Court Kadhi Court Date: 2026-08-20 11:27:32 The Judiciary of Kenya Doc IDENTITY: 45839082913644786277325799027 Tracking Number:OOPMHG2026 5/ 5
page 5 of 5