Omar Galana Hiribae v Alice Adhiambo Alucho [2019] KEKC 31 (KLR)
- Court
- KEKC
- Case number
- 31
- Citation
- [2019] KEKC 31 (KLR)
- Decided
- 27 May 2019
The court found that Alice Adhiambo Alucho is not the legal heir of the deceased and ordered that she and her children are not entitled to inherit from the deceased's property. The public trustee should cancel her name from the beneficiaries list, and the applicant should not claim the previous distribution of the estate.
Facts
The deceased, Fumo Omar Hiribae, passed away on June 2, 2013. Agnes Ndwari Balesa filed a succession case before the court, but lost because she was not a Muslim. Alice Adhiambo Alucho claimed to be the legal wife of the deceased, having married him customarily under Muslim faith, but without any legal documentation.
Issues
- Whether Alice Adhiambo Alucho is the legal heir of the deceased under Islamic law
- Distribution of the deceased's estate
Reasoning
The court ruled that Alice Adhiambo Alucho's marriage was not under Islamic law due to her father-in-law's refusal, and she did not stay the Eddah period after the death of the deceased as required by Islamic law. The court also noted that the respondent admitted through cross-examination that her marriage was under customary law, which is not allowed in Islamic law.
Outcome
Alice Adhiambo Alucho's appeal was dismissed.
Orders
- The respondent and her children are not entitled to inherit from the deceased property.
- The public trustee should cancel the respondent’s name from the beneficiaries list.
- The applicant should not claim the previous distribution of the estate.
Remedies
- Cancellation of the respondent's name from the beneficiaries list
- Reversal of the previous distribution of the estate
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