In re Estate Of Juma Badadi Abaroba(Deceased) (Succession Cause 5 of 2018) [2018] KEKC 17 (KLR) (28 November 2018) (Judgment)

**_REPUBLIC OF KENYA_** **_IN THE KADHIS COURT AT GARSEN_** **_SUCCESSION CASE NO 05 OF 2018_** **IN THE MATTER OF THE ESTATE OF** **JUMA BADADI ABAROBA………………………………………. DECEASED** **ABDI JUMA BADADI ………….………………………………… PETITIONER** In this succession matter dated 20 Th NOVEMBER 2018 the petitioner prayed for the determination of heirs of the deceased. The estate of the deceased is under the administration of the Public trustee NAIROBI. The petitioner claimed that, the deceased was his father. He was survived by widow and 3 sons. The widow petitioner’s mother (Rukia Boya Danisa) Dead after his husband .left behind her father and sons (petitioners). 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 after deduction of the widow’s share. Under Qur'an 4: 11-12** _(Allah enjoins you concerning your children: for the male is the equal of the portion of two females)_****_._** under Islamic law, the parents are entitled to a sixth each one Under QUR'AN 4/12: **_(_** **_For parents, a sixth share of inheritance to each if the deceased left children)_** The legal heirs and mode of distribution of the estate of JUMA BADADI ABAROBA are: **_NAME_** ** _RELATIONSHIP_** ** _SHARE FRACTION_** 1- RUKIA BOYA DANISA widow deceased 1/8 12.5% 2- ABDI JUMA BADADI son. Id […] 7/24 29.17% 3- SULEIMAN JUMA KALME son. Id […] 7/24 29.17% 4- ADAM JUMA ASHAKO son Id […] 7/24 29.17% The share of the widow petitioner’s mother (Rukia Boya Danisa) will be distributed among her father and children namely : **_NAME_** ** _RELATIONSHIP_** **_SHARE FRACTION_** 1- Boya Danisa Widow’s father 1/6 16.67% 2- ABDI JUMA BADADI son. 5/18 27.78% 3- SULEIMAN JUMA KALME son. 5/18 27.78% 4- ADAM JUMA ASHAKO son 5/18 27.78% The public trustee to issue the deceased’s estate to the beneficiaries' Orders accordingly. Delivered in court is day of 28th November 2018 in the presence of: Court assistant Ogeto Mboga Petitioner