When a Muslim family member passes away, their estate must be distributed according to Islamic law, and the process must also satisfy Kenya’s courts and land registries. SMC Advocates guides families through every step, with care, discretion and three decades of experience in Islamic succession.
How we help families
- Identifying the lawful heirs and calculating each heir’s share under Islamic law.
- Petitioning the Kadhis’ Court or the High Court for succession, as appropriate to the estate and the family.
- Gathering and transferring assets: land, bank accounts, shares, vehicles and business interests.
- Settling the deceased’s debts and any permitted bequests before distribution.
- Resolving inheritance disputes through negotiation, mediation or litigation.
- Advising on estates with property abroad, through our partner offices in Rwanda, the UAE and Sudan.
A changing area of law
Muslim succession in Kenya continues to develop. In June 2025 the Supreme Court held that children born out of wedlock to Muslim fathers are entitled to inherit from their father’s estate, a decision with significant consequences for families and for the Kadhis’ Courts. Read our analysis of the ruling.
Our team, led by Swaleh Kanyeki, follows these developments closely so the advice you receive reflects the current law.
Frequently asked questions
Which court handles Muslim inheritance in Kenya?
The Kadhis’ Courts hear inheritance matters where all parties profess Islam and submit to their jurisdiction. Other cases, or parties who prefer it, can proceed in the High Court, which also applies Islamic law to Muslim estates.
How are shares calculated under Islamic law?
Islamic law sets fixed shares for spouses, children, parents and certain other relatives. We calculate the shares for your family and explain them clearly before any distribution.
What if the family disagrees about the estate?
We first try to resolve disagreements through negotiation or mediation, which is faster and preserves family relationships. Where that fails, we represent you in court.
How long does succession take?
It depends on the estate and whether anyone objects. A straightforward estate can be concluded within months; contested estates take longer. We give you a realistic timeline at the start.
Speak to our Islamic law team. Call (+254) 793 368 555, email info@swalehmwangi.co.ke, or request a free consultation. Our offices are on the 10th Floor, Highway Heights, Marcus Garvey Road, Kilimani, Nairobi.