The High Court in Isiolo has quashed a Kadhi’s Court ruling that denied an adopted daughter a share of her late mother’s estate, finding that the Islamic court lacked the legal authority to hear the inheritance dispute because one of the parties was not a Muslim.
In a judgment delivered on June 25, the High Court ruled that the entire proceedings before the Isiolo Kadhi’s Court were legally invalid following the appellant’s challenge to the court’s jurisdiction.
The dispute began in 2023 when a widower (a Muslim) petitioned the Isiolo Kadhi’s Court to distribute his late wife’s estate, arguing that she had converted to Islam before her death.
The widower identified his late wife’s daughter as an adopted child.
However, the daughter objected to the proceedings from the outset, maintaining that neither she nor her late mother professed the Muslim faith and that the Kadhi’s Court therefore lacked jurisdiction to hear the succession dispute.
Despite the objection, the Kadhi’s Court proceeded with the case and, in October 2023, ruled that the daughter, as an adopted child, was not entitled to inherit under Islamic law.
The court then distributed the estate to the husband and the woman’s grandson, and the decision was later challenged before the High Court.
Also Read: How a Notice to Attend Court Can Save Traffic Offenders From Immediate Arrest
High Court Finds Kadhi’s Court Had No Jurisdiction
In its judgment, the High Court held that the Kadhi’s Court should never have heard the dispute because the Constitution limits its jurisdiction to matters involving Muslims who voluntarily submit to its authority.
The court noted that Article 170(5) of the Constitution and the Kadhi’s Courts Act allow Kadhi’s Courts to determine matters relating to personal status, marriage, divorce, and inheritance only where all parties profess the Muslim faith and agree to the court’s jurisdiction.
Since one of the parties was not a Muslim and had objected to the proceedings from the beginning, the High Court ruled that the Kadhi’s Court lacked the legal mandate to determine the dispute.
The judge further held that proceedings conducted without jurisdiction are a nullity, regardless of the merits of the case.
Also Read: Court Rules on Who Can Make Laws on Recalling Elected Leaders
Fresh Succession Case Can Be Filed
The High Court set aside the Kadhi’s Court judgment together with all proceedings arising from the matter.
However, the court did not determine whether the deceased had converted to Islam, whether the appellant was the deceased’s biological or adopted daughter, or who is legally entitled to inherit the estate.
Instead, the judge held that those issues remain unresolved and should be determined by a court with the proper jurisdiction.
The parties are now free to institute fresh succession proceedings before the High Court under Kenya’s ordinary succession laws.
Follow our WhatsApp Channel and X Account for real-time news updates.
