The Supreme Court has upheld a landmark ruling by the Court of Appeal affirming inheritance rights for children born to muslim fathers out of wedlock, citing the constitutional principle of non-discrimination.
In its verdict delivered on Monday, the apex court stated that all children, regardless of the marital status of their parents, must be treated equally under the law, including in matters relating to succession and inheritance. This effectively bars any interpretation of Islamic inheritance principles that excludes children born outside marriage from benefiting from their father's estate. "The Judgment of the Court of Appeal delivered on 10th November, 2023 is hereby affirmed and specifically the finding that the children of the appellant as well as the 1st and 3rd respondents are beneficiaries and/or dependents of the estate of the deceased," read part of the judgment delivered by Chief Justice Martha Koome. Chief Justice Martha Koome makes a ruling during a virtual court session on January 21, 2025.
Photo Judiciary "For clarity, this refers to all of the appellant's four children; three of the 1st respondent's children, that is, LK, HK, and TK; and the 3rd respondent's son, HM." The case, which dates back several years, stemmed from a family dispute over the distribution of a deceased muslim man's estate.
His children from outside a formal Islamic marriage had been excluded from inheriting, prompting a legal challenge that culminated at the Supreme Court.
