In re Estate Of Kassim Abdalla Hussein (Deceased) [2020] KEKC 8 (KLR)
- Court
- KEKC
- Case number
- 8
- Citation
- [2020] KEKC 8 (KLR)
The mother, Fatuma Dima Hirbo, is awarded custody of the children. The estate is distributed as follows: Widow (12.5%), Son (27.1%), Daughter (13.5%), Daughter (13.5%), Mother (16.7%), and Father (16.7%). The widow's share from rental income is ordered to be given to her.
Facts
The deceased, Kassim Abdalla Hussein, died on January 30, 2011, leaving behind his mother, father, widow (petitioner), two daughters, a son, and an adopted father (respondent). The estate includes two plots, one in Ongata Rongai and the other in Moyale.
Issues
- Determination of estate and distribution among beneficiaries
- Custody of the children of the deceased
Reasoning
The court prioritizes the mother's custody of the children due to Islamic law principles and the mother's role as the primary caregiver. The estate distribution is based on Islamic law principles.
Outcome
Petitioner (widow) awarded custody of the children, and the estate is distributed as specified.
Orders
- Petitioner awarded custody of the children
- Estate distributed as specified
Remedies
- Custody awarded to the mother
- Estate distributed according to the specified shares
Authorities cited
Cases cited (1)
- mehrunisa v. pravez (1982-1988) 1 KAR 18
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