In re Estate of Rashid Mwnyoha [2018] KEKC 29 (KLR)
- Court
- KEKC
- Case number
- 29
- Citation
- [2018] KEKC 29 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPosturePetition for determination of heirsCoramMURSAL M SIZI KADHI II- GARSEN
Holding
The widow is entitled to one eighth of the estate, and each son is entitled to twice the share of the daughter.
Facts
The deceased, Rashid Mwnyoha, was survived by his widow, two sons, and a daughter. The estate is valued at 66,000 Kenyan Shillings and is under the administration of the Public Trustee in Mombasa. The petitioner claims to be the widow and seeks to inherit the estate according to Islamic Sharia law.
Issues
- Determination of legal heirs and their share of the estate
- Distribution of the estate according to Islamic Sharia law
Reasoning
The court adheres to Islamic Sharia law, which dictates that the widow receives one eighth of the estate, and each son receives twice the share of the daughter.
Outcome
The estate will be distributed as follows: widow: 82,500 KES, son 1: 231,000 KES, son 2: 231,000 KES, daughter: 115,500 KES.
Orders
- Public trustee to issue the deceased’s estate to the beneficiaries
Authorities cited
Legislation (2)
- Qur'an 4/12
- Qur'an 11-12
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…