Zakiya Nasher v Eshe Abdulrahim Awath & another [2015] KEKC 18 (KLR)
The bottom line
#A Nairobi Kadhi's Court declared a mother the rightful heir of her two deceased daughters after her other children agreed to give up their inheritance shares.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether Sabah Abdulrahim Awath and Usra Abdulrahim Awath died as Muslims on 3rd January 2014
- 2.Whether the Applicant, as mother of the deceased, should be declared the rightful legal heir of the deceased
Key legal issues
#Whether the deceased died as Muslims and who is their rightful legal heir
The court declared that the deceased died as Muslims on 3rd January 2014 and that the Applicant, their mother, is the rightful legal heir.
The claim was brought by originating summons seeking two declarations. The respondents filed a replying affidavit confirming the relationship and agreeing that the applicant would take the deceased's shares. The parties further recorded a consent agreement dated 26th August 2015 and filed on 14th September 2015 on the mode of distribution. The court found no dispute between the parties and accepted the applicant's unchallenged testimony corroborated by the consent agreement.
Legal principles established
#- Where the evidence of an applicant is uncontroverted, unrebutted and unchallenged, and is corroborated by a consent agreement recorded between the parties, the court may act on it and grant the declarations sought.
Court orders
#- 1.Declaration that Sabah Abdulrahim Awath and Usra Abdulrahim Awath died Muslims on 3rd January 2014
- 2.Declaration that the Applicant Zakiya Nasher be and is hereby declared as the rightful legal heir of the deceased
- 3.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Kadhi's Court Act Section 5 Cap 11 Laws of Kenya and Law of Succession Act Section 49(2) Cap 160 Laws of Kenya
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
THAT, Sabah Abdulrahim Awath and Usra Abdulrahim Awath died Muslims on 3rd January 2014.
THAT, the Applicant Zakiya Nasher be and is hereby declared as the rightful legal heirs of the deceased..
I am therefore satisfied that there is no reason to disbelieve the uncontroverted, unrebutted and unchallenged testimony of the Applicant (Mother)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zakiya Nasher v Eshe Abdulrahim Awath & another [2015] KEKC 18 (KLR)", Case Analysis (2015). Civil Case No. 33 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2015/18/eng@2015-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.