The Supreme Court of Kenya has delivered a landmark judgment in the case of Fatuma Abud Farah v. Ruth Faith Mwawasi and two others, affirming that children born outside marriage are entitled to inherit from their deceased father’s estate, even when Islamic law is cited.
At the heart of the case was the question of whether Islamic inheritance principles could lawfully exclude such children, a practice observed in some communities.
In its ruling delivered on Monday, June 30, 2025, the apex court referred to Article 24(4) of the Constitution, which permits the application of Islamic law in personal matters, such as marriage, divorce, and inheritance, but only when “strictly necessary.”
The judges held that this constitutional provision does not permit broad exemptions from the guarantee of equality, adding that any restriction must be proportional and justifiable. They concluded that excluding children based solely on the nature of their birth fails to meet that standard.
READ ALSO:
Riongena to represent Narok at regional games after Poroko disqualification
The Court found the exclusion discriminatory, stating that it violates Article 27 of the Constitution, which enshrines the right to equal protection and benefit of the law for every Kenyan.
This precedent-setting decision highlights the importance of interpreting and applying Islamic law within the framework of constitutional principles, particularly those of equality and non-discrimination. No child should be disqualified from inheriting merely because they were born out of wedlock.
Legal analysts and child rights advocates have applauded the ruling, describing it as a progressive step toward upholding the dignity and rights of all children, regardless of parental marital status.
“It reinforces that no child should suffer discrimination due to the circumstances of their birth.”
By Joseph Mambili
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
>>> Click here to stay ahead with the latest national news.
