In re Estate of Late Mude Keko (Deceased) (Succession Cause E018 of 2023) [2024] KEKC 29 (KLR) (1 November 2024) (Judgment)
- Court
- KEKC
- Case number
- 29
- Citation
- [2024] KEKC 29 (KLR)
- Decided
- 1 November 2024
The respondent is ordered to distribute the estate according to Islamic law, with Jibo Kuno receiving 12.5%, Ali Mude Keko 35%, Keko Mude Keko 35%, and Shufe Mude Keko 17.5%.
Facts
The deceased, Mude Keko, left behind a plot in Manyatta and an unregistered farm. He had four legal heirs: Jibo Kuno (widow), Ali Mude Keko (son), Keko Mude Keko (son), and Shufe Mude Keko (daughter). The respondent, Jibo Kuno, sold 7 plots from the estate without sharing the proceeds with the petitioner.
Issues
- Declaration that the sale of the estate is null and void
- Determination of legal heirs and their shares
- Distribution of the estate according to Islamic law
Reasoning
The court found that the deceased was a Muslim and left behind two properties. The respondent sold 7 plots without sharing the proceeds, and the estate was distributed according to the heirs' shares.
Outcome
The respondent is ordered to distribute the estate as per the court's order.
Orders
- Order for distribution of the estate according to Islamic law
Remedies
- Order for distribution of the estate
Authorities cited
Legislation (2)
- Law of Succession Act
- CPA Cap 21
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