In re Estate of Ali Hirey Abdi (Deceived) (Succession Cause 2 of 2018) [2025] KEKC 28 (KLR) (25 August 2025) (Judgment)
- Court
- KEKC
- Case number
- 28
- Citation
- [2025] KEKC 28 (KLR)
- Decided
- 25 August 2025
The lawful heirs are the widow and ten children. Plot 1522B is part of the estate. The respondent has unlawfully occupied and enjoyed proceeds of the estate. The estate must be sold and proceeds distributed according to Islamic law.
Facts
The deceased, Ali Hirey Abdi, left behind Plot No. 1522B with nine rental units. The respondent, Mohamed Ali Hirey, has been occupying the property since 2015 and resisting distribution of the estate.
Issues
- Who are the lawful heirs (waratha) of the deceased?
- Whether Plot No. 1522B forms part of the estate of the deceased?
- Whether the respondent is entitled to exclusive occupation and benefit of the estate?
- Whether the estate should be sold and the proceeds distributed according to Islamic law?
Reasoning
The Court finds that the heirs are the widow and ten children, and that the estate should be sold and distributed according to Islamic law. The respondent's occupation is unlawful.
Outcome
The respondent is ordered to vacate the property within 30 days, and the estate must be sold and distributed according to Islamic law.
Orders
- The respondent, Mohamed Ali Hirey, is hereby ordered to vacate Plot 1522B within 30 days.
- The estate property, Plot 1522B, shall be sold by the beneficiaries within 90 days.
- The Proceeds shall be distributed as follows under Shariah: Widow (Halima Abdullahi): 1/8 share and Balance to be divided among the children: each son receiving double the share of each daughter (Qur'an 4:11).
- Three administrators are appointed from among the heirs: Mahbub Ali Hirey, Omar Ali Hirey, and Duale Ali to oversee sale and distribution.
- The respondent shall account for past rental income from 2009 to 2025, to be determined in separate proceedings.
Remedies
- Enforcement of distribution of the estate according to Islamic law.
- Eviction of the respondent from the property.
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