1. This court delivered a ruling on 16th September 2024 in which it gave the executors 60 days to complete the distribution of the estate and thereafter to produce to the court a full and accurate account of the completed administration.
2. With a view to motivating the executors to act diligently and within the timelines, the court added an order that, if on the 61st day the estate had not been fully administered, the grant issued to the executors would be revoked and a new grant would be issued to the Public Trustee.
3. Despite the effluxion of time, the estate has not been fully administered for more than 1 year and 6 months since the ruling was delivered. The parties have, however, been engaged in discussions that it was hoped would result in an amicable resolution of the succession dispute. In particular, parties proposed that some among them be appointed as administrators of the estate of the deceased with the written will annexed.
4. As the discussions were ongoing, the matter was referred to Hon. Abdiaziz Maalim Mohamed, SPK, for the determination of the shares of each heir under Islamic Law. The Hon. Kadhi delivered his advisory opinion on 19th June 2025. This court agrees with the said opinion as it represents the heirs' shares under Islamic Law.
5. Vide Notice of Motion application dated 29th September 2025 Swaliha Din Mohamed, Izzat Ali Said, Muhsin Ismat Mohamed Rashid, Habwa Mbarak and Zayyad Swaleh Mohamed sought to have the ruling delivered by this court 16th September 2024 reviewed to the extent that it provided for appointment of the Public Trustee as an administrator of the estate if the executors were unable to complete the distribution within 60 days of the said date, and that in lieu thereof the court be pleased to appoint:
i Zayyad Swaleh Mohamed;
ii Aisha Rashid Mohamed;
iii Swaliha Din Mohamed; and
iv Muhsin Ismat Mohamed.
They contend that most family members were opposed to the Public Trustee serving as administrator of the estate. It was stated that the proposed administrators were ready, able, and committed to fully, faithfully, and diligently administering the estate and distributing it in accordance with the will of the deceased dated 5th January 1982, as well as under Islamic Sharia. The applicants attached a consent dated 29th September 2025, which was signed by Swaliha Din Mohamed (as an attorney of Afifa Mohamed), Izzat Ali Said (as an attorney of Saade Mohamed), Muhsin Ismat Mohamed (as an administrator of the estate of Ismat Mohamed), Habwa Mbarak (as an administrator of the estate of Ismat Mohamed) and Zayyad Swaleh (as an administrator of the estate of Swaleh Mohamed).
6. Amina Mohamed Rashid, aka Amina Ahmed Abdalla, agreed conditionally to the proposed application. Her condition was that Jassem Ahmed Abdallah, ID No. 21244622, be added as a co-administrator to ensure the administration was concluded without delay.
7. Swaliha Din Mohamed made a sworn deposition on 12th January 2026, in which she reiterated that the 4 proposed names be retained, as this would ensure that administrators worked together in harmony.
8. I have considered the application and the response thereto. Since there is a general agreement that the Pubic Trustee should not be an administrator of the estate, it is my view that there is a need for review of the orders of 16th September 2024. The review is on the grounds that there is a sufficient reason to do so.
9. Who then should the administrator be? It is apparent that the proposed administrators do not represent individual heirs of family branches. This is evidenced by what Swaliha states in paragraph 7 of the Supplementary Affidavit. She averred that a system of that sort “would reintroduce representation by individual interests, a model which previously led to prolonged delay, disharmony and failure by the executors to conclude administration.”
10. It would appear to me that the overwhelming majority of family members prefer the proposed administrators. The recalcitrant heir hasn’t provided justification for excluding any of the 4 proposed administrators. That being the case, I am persuaded that it would be in the interest of justice to appoint the 4 as the administrators in place of the Public Trustee.
11. I therefore review my ruling of 16th September 2024 in respect of the provision appointing the Public Trustee as administrator of the estate if, after 60 days of the said ruling, the distribution of the estate isn’t completed, and in its place appoint:
1. Zayyad Swaleh Mohamed;
2. Aisha Rashid Mohamed;
3. Swaliha Din Mohamed; and
4. Muhsin Ismat Mohamed,
as the administrators of the estate of the deceased person.
12. I order and direct that they complete the distribution of the estate within 90 days of the date hereof. The shares of each heir shall be as identified by the Hon. Abdiaziz Maalim Mohamed, SPK, on 19th June 2025.
13. The matter shall be mentioned before the Hon. Judge of the Family Division of the Mombasa High Court on 21st September 2026 for the purposes of confirming that the estate of the deceased shall have been distributed in full and for further orders as may be necessary and just.
14. It is so ordered.
Dated and signed in Nairobi on this 19th day of May 2026.
2. With a view to motivating the executors to act diligently and within the timelines, the court added an order that, if on the 61st day the estate had not been fully administered, the grant issued to the executors would be revoked and a new grant would be issued to the Public Trustee.
3. Despite the effluxion of time, the estate has not been fully administered for more than 1 year and 6 months since the ruling was delivered. The parties have, however, been engaged in discussions that it was hoped would result in an amicable resolution of the succession dispute. In particular, parties proposed that some among them be appointed as administrators of the estate of the deceased with the written will annexed.
4. As the discussions were ongoing, the matter was referred to Hon. Abdiaziz Maalim Mohamed, SPK, for the determination of the shares of each heir under Islamic Law. The Hon. Kadhi delivered his advisory opinion on 19th June 2025. This court agrees with the said opinion as it represents the heirs' shares under Islamic Law.
5. Vide Notice of Motion application dated 29th September 2025 Swaliha Din Mohamed, Izzat Ali Said, Muhsin Ismat Mohamed Rashid, Habwa Mbarak and Zayyad Swaleh Mohamed sought to have the ruling delivered by this court 16th September 2024 reviewed to the extent that it provided for appointment of the Public Trustee as an administrator of the estate if the executors were unable to complete the distribution within 60 days of the said date, and that in lieu thereof the court be pleased to appoint:
i Zayyad Swaleh Mohamed;
ii Aisha Rashid Mohamed;
iii Swaliha Din Mohamed; and
iv Muhsin Ismat Mohamed.
They contend that most family members were opposed to the Public Trustee serving as administrator of the estate. It was stated that the proposed administrators were ready, able, and committed to fully, faithfully, and diligently administering the estate and distributing it in accordance with the will of the deceased dated 5th January 1982, as well as under Islamic Sharia. The applicants attached a consent dated 29th September 2025, which was signed by Swaliha Din Mohamed (as an attorney of Afifa Mohamed), Izzat Ali Said (as an attorney of Saade Mohamed), Muhsin Ismat Mohamed (as an administrator of the estate of Ismat Mohamed), Habwa Mbarak (as an administrator of the estate of Ismat Mohamed) and Zayyad Swaleh (as an administrator of the estate of Swaleh Mohamed).
6. Amina Mohamed Rashid, aka Amina Ahmed Abdalla, agreed conditionally to the proposed application. Her condition was that Jassem Ahmed Abdallah, ID No. 21244622, be added as a co-administrator to ensure the administration was concluded without delay.
7. Swaliha Din Mohamed made a sworn deposition on 12th January 2026, in which she reiterated that the 4 proposed names be retained, as this would ensure that administrators worked together in harmony.
8. I have considered the application and the response thereto. Since there is a general agreement that the Pubic Trustee should not be an administrator of the estate, it is my view that there is a need for review of the orders of 16th September 2024. The review is on the grounds that there is a sufficient reason to do so.
9. Who then should the administrator be? It is apparent that the proposed administrators do not represent individual heirs of family branches. This is evidenced by what Swaliha states in paragraph 7 of the Supplementary Affidavit. She averred that a system of that sort “would reintroduce representation by individual interests, a model which previously led to prolonged delay, disharmony and failure by the executors to conclude administration.”
10. It would appear to me that the overwhelming majority of family members prefer the proposed administrators. The recalcitrant heir hasn’t provided justification for excluding any of the 4 proposed administrators. That being the case, I am persuaded that it would be in the interest of justice to appoint the 4 as the administrators in place of the Public Trustee.
11. I therefore review my ruling of 16th September 2024 in respect of the provision appointing the Public Trustee as administrator of the estate if, after 60 days of the said ruling, the distribution of the estate isn’t completed, and in its place appoint:
1. Zayyad Swaleh Mohamed;
2. Aisha Rashid Mohamed;
3. Swaliha Din Mohamed; and
4. Muhsin Ismat Mohamed,
as the administrators of the estate of the deceased person.
12. I order and direct that they complete the distribution of the estate within 90 days of the date hereof. The shares of each heir shall be as identified by the Hon. Abdiaziz Maalim Mohamed, SPK, on 19th June 2025.
13. The matter shall be mentioned before the Hon. Judge of the Family Division of the Mombasa High Court on 21st September 2026 for the purposes of confirming that the estate of the deceased shall have been distributed in full and for further orders as may be necessary and just.
14. It is so ordered.
Dated and signed in Nairobi on this 19th day of May 2026.