In re Estate Gayole Abdallah Hiribae’s (Deceased) [2017] KEKC 13 (KLR)

REPUBLIC OF KENYA

IN THE KADHI’S COURT AT GARSEN

SUCCESSION CASE NO. 45 OF 2017

IN THE MATTER OF ESTATE GAYOLE ABDALLAH HIRIBAE’S ESTATE (DECEASED)

PETITIONER……..….………………………..…SALIMA HAJIBO MWARABU

RULING

In this succession matter dated 29th AUGUST, 2017 the petitioner prayed for the determination of heirs of the deceased. The estate of the deceased is under the administration of the Public trustee. The petitioner claimed that, the late Gayole Abdala Hiribae left behind a widow , two children and  mother. The petition is not contested.

Ordinarily, the estate of a Muslim deceased should be strictly spent in the following  sequence: burial expenses   should not  be extravagant, paying his debts upon proofing  and be distributed among  the heirs in accordance to Islamic Sharia. In this matter, we were not told of any other right attached to the estate.

under Islamic law, the widow is entitled to one eighth (1/8) share if the deceased left a child. Under QUR'AN  4/12:  (But if you have a child, then they shall have an eighth of that which you leave.)

The mother is entitled to one sixhth (1/6) share if the deceased left a child. Under QUR'AN  4/12: (For parents, a sixth share of the inheritance to each,)

Each son is entitled to twice the share of the daughter under Qur'an: 11-12 (Allah enjoins you concerning your children: for the male is the equal of the portion of two females).

The legal heirs and mode of distribution of the estate of  Gayole Abdallah Hiribae are:

Legal heirs                                      relative                               share

1-  FATUMA SAID                                    (Deceased’s mother)           sixth (11,794. 48)

2-  SALIMA HAJIBO MWARABU          (Widow)                           an eighth (8,845. 86)

3-  FATUMA DARA GAYOYE                (Daughter)                                        (16,708. 84)

4-  SAID HIRIBAE  GAYOYE                 (Son)                     twice of daughter  (33,417. 68)

The public trustee to issue the deceased’s estate to the petitioners'

Orders accordingly.

R/ A thirty days.

Read and delivered this 29th  day of  AUGUST  2017 in the presence

MURSAL M  SIZI KADHI  II- GARSEN

C/A – GURACHO ABDI YUSSUF

Petitioner