In re Salimu & another (Deceaseds) (Succession Cause E139 of 2026) [2026] KEKC 27 (KLR) (27 August 2026) (Judgment) Neutral citation: [2026] KEKC 27 (KLR) REPUBLIC OF KENYA IN THE KADHIS COURT AT KWALE SUCCESSION CAUSE E139 OF 2026 HS VUMBI, SPK AUGUST 27, 2026 IN THE MATTER OF ESTATE OF RUMWE SALIMU & MAJUMAA SALIMU(DECEASEDS): PETITIONERS; FATUMA RASHID NDOA & MARIAMU ATHUMANI GAMVYU. IN THE MATTER OF FATUMA RASHID NDOA .............................................................. 1ST PETITIONER MARIAMU ATHUMANI GAMVYU ............................................ 2ND 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 Amended succession petition. The petitioners herein while in persons led this Petition dated 5th August, 2026 and led in court on the 7th August, 2026. The petition was accompanied by a verifying adavit, Petitioner’s statement, and Petitioner’s list of documents attaching two letters both dated 5th June, 2026 issued by the County Civil Registrar, Kwale, conrming the death of the deceased persons, copy of certicate of ocial search dated 4th May, 2026, letter from the area chief, family consent and copies of identity cards. The petitioners herein prayed the court the following prayers: 1. An order appointing Mariamu Athumani Gamvyu and Fatuma Rashid Ndoa as Trustees of the Estate of the Deceased persons. 2. Determination of heir. 3. Distribution of Estate according to Islamic Law https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/27/eng@2026-08-27 1
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4. Vesting Order of Estate to heir. Rumwe Salimu passed away a Muslim and intestate on the 14th July, 2003 and that Majumaa Salimu passed away a Muslim and intestate on the 4th May, 2002 at their residences in Simkumbe Sublocation, Matuga Sub-county within Kwale County as it appears in the letters dated 5th June, 2026 issued by the County Civil Registrar, Kwale to conrm their death. 5. On the face of the petition specically at Para 4 the petitioners herein pleaded that the Deceased upon his death was survived by the following: 1. Meswalehe Bakari Marika …. Daughter 2. Mwanasha Rashid Mkurejera …. Daughter 3. Asha Ali Nchirembwe …. Daughter 4. Suleiman Mohamed Mwagungutu …. Son 5. Swalehe Mohamed Gaito …. Son 6. Mariamu Athumani Gamvyu …. Daughter 7. Ramadhan Hamisi Madzo …. Son 8. Athumani Hamisi Madzo …. Son 9. Fatuma Rashid Ndoa …. Daughter 6. During the lifetime of the two deceased persons Rumwe Salimu & Majumaa Salimu, were siblings of the same parents and they were registered as proprietors in parcel of land known as Kwale/Tiwi/683. 7. The 1st Petitioner herein was heard on the 17th August, 2026. The 1st Petitioner stated exactly what was pleaded in the Petition. She stated that the 1st deceased person herein is her late mother. She further stated that her late mother was survived by the following: a. Swalehe Mohamed Gaito …. Son b. Suleiman Mohamed Mwagungutu …. Son c. Mwanasha Rashid Mkurejera …. Daughter d. Fatuma Rashid Ndoa …. Daughter 8. That the 2nd Deceased person is my maternal auntie. She contends that the deceased persons during their lifetime co-owned the parcel of land known as Kwale/Tiwi/683 and it was registered under their names as proprietors. She stated that the family convened a meeting and proposed that the Estate property be transmitted through the Petitioners herein as Trustees. 9. The 2nd Petitioner herein was heard on the same date. She stated that the 1st Deceased person herein is her maternal auntie and that the 2nd Deceased person herein is her late mother. She further stated that upon the death of the 2nd Deceased person herein, she was survived by the following: a. Mariamu Athumani Gamvyu …. Daughter b. Meswalehe Bakari Marika …. Daughter c. Asha Ali Mchirembwe …. Daughter d. Athuman Hamisi Madzo …. Son https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/27/eng@2026-08-27 2
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e. Ramadhan Hamisi Madzo …. Son 10. Asha Ali Nchirembwe and Ramadhan Hamissi Madzo who happens to be children of the 2nd Deceased person appeared in court and recorded their statements. Swalehe Mohamed Gaito and Suleiman Mohamed Mwagungutu who happens to be children of the 1st Deceased person herein also recorded their statements. They stated that the two deceased persons co-owned the suit property in equal shares. They aver that the distribution of the Estate property be eected in equal shares amongst the rightful heirs of the Deceased persons herein. They contend that they don’t have any objection for the transmission of the Estate property through the Petitioner herein as Trustees. 11. 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. 12. The concept of administration of estate was introduced in Kenya for the rst time by the British rule. 13. 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. 14. 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. 15. 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. 16. 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. 17. I have considered the pleadings and the oral submission and this Honorable court frames the following as issues for determination: a. Whether or not the Honourable Court should appoint fatuma Rasshid Ndoa and Mariamu Athumani Gamvyu, as Administrators of the estate property. b. What constitute the Deceased estate c. Who are the rightful heirs of the Estate of the Deceased? d. Mode of Distribution 18. On the issue of appointing Fatuma Rashid Ndoa and Mariamu Athumani Gamvyu as Administrators of the estate property. It is clear from the evidence adduced in court that there is consensus by the family members on the issue. The petitioner also presented a copy of the family consent, supporting the appointment of the Petitioners as administrators. I note that the same was not disputed by the heirs/beneciaries. 19. For the above reasons the court is pleased to appoint Fatuma Rashid Ndoa of ID/No. 2205709 and Mariamu Athumanii Gamvyu of ID/No. 4615502 as Administrators of the estate property. However, https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/27/eng@2026-08-27 3
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for the issuance of grant of letters of Administration Intestate, I do hereby advise the Petitioner to follow the due process of P & A. 20. In regard to the issue of what constitute the Estate of the deceased persons, looking at the Succession petition specically Para 5 of the Petition together with the documentary evidence specically certicate of the ocial search dated 4th May, 2026 and the evidence adduced in court, it is clear that the 1st & 2nd deceased Persons are registered as proprietors of the parcel of land known as Kwale/ Tiwi/683. 21. In determining the issue this Honourable court based on the ndings above, is pleased to declare that the parcel of land known as Kwale/Tiwi/683 forms part of the Estate of the deceased persons herein. 22. In regard to the issue of who are the rightful heirs of the deceased persons herein, from the pleadings and the uncontroverted evidence adduced in court, it is clear that the 1st Deceased person was survived by four (4) issues and that the 2nd Deceased person was survived by ve (5) issues as their rightful heirs. 23. In determining the rightful shares of inheritance of each heir, 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 24. That above verse does specify that the children of a deceased person inherit his/her Estate in manner that a male child inherits a share equivalent to two shares of a female child. However, the petitioners together with the other heirs who appeared before the court and recorded their statements indicated that the distribution of the Estate be eected in equal shares amongst the heirs. 25. In nutshell this Honorable court in determining this matter holds the following terms: 1. That the 1st & 2nd Deceased persons have undivided equal shares from the parcel of land known as Kwale/Tiwi/683 forming part of their estates. 2. That the rightful heirs of the 1st Deceased person are as follows; Swalehe Mohamed Gaito, Suleiman Mohamed Mwagungutu, Mwanasha Rashid Mwakurejera and Fatuma Rashid Ndoa. The four shall inherit the share of the 1st Deceased in equal share (1/4). 3. That the rightful heirs of the 2nd Deceased person are as follows; Mariamu Athumani Gamvyu, Asha Ali Nchirembwe, Meswalehe Bakari Marika, Ramadhan Hamisi Madzo and Athuman Hamisi Madzo, and they inherit the share of the 2nd Deceased person in equal shares (1/5). 4. That this Honorable court is hereby pleased to vest the estate property in the heirs in their respective shares. 5. That the County Land Registrar, Kwale, to transmit the Estate property being Kwale/ Tiwi/683 through Fatuma Rashid Ndoa of ID/No. 2205709 and Mariamu Athumani Gamvyu of ID/No. 4615502 as Trustees. 6. That this Honourable Court is hereby pleased to appoint Fatuma Rashid Ndoa of ID/No. 2205709 and Mariamu Athumani Gamvyu of ID/No. 4615502 as Administrators of the Estate property. https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/27/eng@2026-08-27 4
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7. That the Honorable court is pleased to grant the Administrators leave to transfer if necessary the property to the beneciaries and/or nominees. 8. That the Honorable court is hereby pleased to grant leave to the Administrators to sell and/or transfer the property to any third party and to execute all documents to eect such sale and/ or transfer. These are orders of the court. DATED, SIGNED AND DELIVERED IN THE OPEN COURT ON THIS 27TH 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 https://new.kenyalaw.org/akn/ke/judgment/kekc/2026/27/eng@2026-08-27 5
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