Mother Loses Bid to Block Son-in-Law from Managing Dead Daughter's Estate

The High Court in Mombasa has dismissed claims made by Ms Flora Mangachi regarding the estate of her deceased daughter, Caroline Ziri.

The court ruled that Ziri, who had converted to Islam, was legally married under Islamic law to Salim Hussein, thereby granting Hussein the authority to administer Ziri’s estate. Ms Mangachi contended that her daughter remained a Christian until her death and did not recognize her marriage to Hussein. She argued for the estate to be managed outside the framework of Islamic Sharia law.

However, Justice Gregory Mutai, who presided over the case, referred to documentary evidence from the Kadhi's Court that confirmed Ziri's conversion to Islam and her marriage to Hussein. In his judgment, Justice Mutai stated, "Given the evidence, it is clear that the deceased was Muslim, hence her estate should be managed according to Islamic law."

The ruling highlights the Law of Succession Act stipulations, which grant surviving spouses priority in estate matters. Consequently, because Hussein was Ziri’s widower, he is not required to obtain Mangachi's consent to apply for a grant of representation for the estate. According to this legal framework, the surviving spouse retains the primary right to administer the deceased's estate, particularly when a nuclear family is present.

Prior to this decision, Ms Mangachi had approached the Family Division of the High Court seeking several remedies, including a declaration that the Kadhi’s Court lacked jurisdiction over the estate. She also requested an injunction to prevent Hussein from managing Ziri’s assets until her claims had been addressed. In court, Ms Mangachi maintained that Ziri had not converted to Islam and was not married to Hussein, accusing him of falsely portraying himself as her spouse to gain control of her estate.

In response, Hussein produced substantial evidence establishing his marriage to Ziri, including a marriage certificate, a letter from the officiating Kadhi, and a chief’s letter acknowledging their cohabitation. He affirmed that Ziri had embraced Islam in 2001 and they had lived together as husband and wife until her passing in June 2023. Justice Mutai underscored the significance of factual evidence in these proceedings, noting that Ms Mangachi failed to provide convincing proof that Ziri was a Christian at the time of her death.

The judge also questioned her silence regarding Ziri’s burial, which adhered to Islamic customs—an act that would be inconsistent with her claims of Ziri’s non-marriage to Hussein. The court concluded that the Kadhi Court's earlier dismissal of Ms. Mangachi’s objections would only be subject to review on appeal. As such, the ruling has confirmed Hussein's legal right to administer Ziri's estate in accordance with Islamic law.