Kenya: Supreme Court to Rule On Inheritance Rights for Children Born Out of Wedlock to Muslim Fathers

Kenya's Supreme Court (file photo).

Nairobi — The Supreme Court of Kenya is Monday set to rule on inheritance rights for children born out of wedlock in a case following an appeal arising from a contested decision at the Kadhi's Court.

At the heart of the dispute is whether children born out of wedlock have a legal right to inherit from their muslim father's estate.

The case involves Rose Faith Mwawasi and Judith Malele Mwawasi, who are seeking Letters of Administration for the estate of the late Salim Juma Hakeem, against objections raised by Fatuma Athman Abud Faraj, who had earlier filed a separate case in the Kadhi's Court.

The Court of Appeal had affirmed the rights of children born out of wedlock to inherit, promting an appeal at the Supreme Court along with complex questions to which the petitioner presented ultiple questions including judicial recusal and procedural legality.

The judgment was scheduled to be delivered via email at 10am.

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