In re Estate of Yusuf Rashid Boshestate (Deceased) [2017] KEKC 12 (KLR)

REPUBLIC OF KENYA

IN THE KADHI’S COURT AT GARSEN

SUCCESSION CASE NO. 52 OF 2017

IN THE MATTER OF ESTATE OF YUSUF  RASHID  BOSHESTATE (DECEASED)

AHMED RASHID BOSH......................................1st PETITIONER

AMINA SIRAT SANTUR....................................2nd PETITIONER

RULING

In this succession matter dated 11th SEPTEMBER, 2017 the petitioners 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 Yusuf Rashid Bosh left behind a  widow and three children. 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 with  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.)

Each son is entitled to twice the share of the daughter afte deduction of the widow’s share  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  Yusuf Rashid Bocha are:

Legal heirs                                      relative             share

1-  Amina Sirat  Santur                  (Widow)            an eighth (1/8)

2-  Hassan Yusuf Bosh                   (Son)                 twice of daughter

3-  Suleiman  Yusuf Bosh               (Son)                twice of daughter

4-  Khadija Yusuf Bosh                   (Doughter)      half share of son

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

Orders accordingly.

R/ A thirty days.

Read and delivered this 11th  day of  september  2017 in the presence

MURSAL M  SIZI KADHI  II- GARSEN

C/A – GURACHO ABDI YUSSUF

Petitioner