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Beyond Legitimacy: The Supreme Court on Children’s Inheritance Rights under Islamic Law

Family Law

Written by Mariam Lewinsky

August 26, 2026

9 min read

Beyond Legitimacy: The Supreme Court on Children’s Inheritance Rights under Islamic Law

This article examines the Supreme Court of Kenya’s decision in Fatuma Athman Abud Faraj v Ruth Faith Mwawasi & 2 Others and its impact on the inheritance rights of children born outside a recognised Islamic marriage. Readers will learn how the Court interpreted Article 24(4), applied constitutional principles of equality, proportionality, and the best interests of the child, and reconciled the constitutional recognition of Muslim personal law with the protection of children’s rights.

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Family Law

August 26, 2026

9 min read

Written by Mariam Lewinsky

Beyond Legitimacy: The Supreme Court on Children’s Inheritance Rights under Islamic Law

DEMYSTIFYING THE CIVIL LITIGATION PROCESS IN KENYA

A simple guide to the civil litigation process in Kenya, explaining each stage from filing a case to judgment. Learn what to expect if you need to pursue or defend a civil claim in court.

Deborah Wanjiku and Anam Majid

From Calendar to Courtroom: How Fixed-Term Contracts Go Sideways

The legal framework on fixed-term contracts in Kenya balances preventing abuse of contract with preserving contractual autonomy, as demonstrated in key Supreme Court and Court of Appeal decisions.

Mariam Lewinsky and Chebet Joy

Beyond Bloodlines: The Legal Boundaries of Grandparents' Custody Rights in Kenya

An examination of the legal framework governing grandparents' custody rights in Kenya, analyzing situations where grandparents may obtain custody despite living parents and the paramount consideration of the child's best interests.

Anam Abdul-Majid and Jean Beanca

Legal Pluralism on Trial: Reconciling Islamic Succession Law with Constitutional Equality in Kenya

The Supreme Court's landmark decision affirming inheritance rights for children born out of wedlock marks a defining moment for Kenya's plural legal framework, balancing religious law with constitutional equality.

Constitutional Law

Islamic Law

Intellectual Property

February 15, 2025

15 min read

Kitonga Mulandi and Anam Abdul-Majid

The Threshold Dilemma: Purpose, Character, Market Effects, and Reclaiming Fair Use's Authentic Standard

An analysis of Kenya's judicial shift from fair dealing to fair use in copyright law, examining critical misapplications in landmark cases and their implications for intellectual property rights.

Intellectual Property

The Impact of the Recent JKUAT Decision on Commercial Tenancies in Kenya

The Impact of the Recent JKUAT Decision on Commercial Tenancies in Kenya

Analysis of the Supreme Court decision in Kwanza Estates Limited v JKUAT and its implications for commercial landlords, tenants, and practitioners of land law in Kenya.

Real Estate

Commercial Tenancies

The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya

Private International Law

January 20, 2025

12 min read

Miss Anam Abdul-Majid & Dr Chukwuma Okoli

The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya

A landmark Supreme Court decision that extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by Kenyan Courts.

Private International Law

Aazfar Shariff and Renee Omondi

Beyond the Deed: Lessons from The Sehmi Case

The Supreme Court's decision in Sehmi v Tarabana reaffirms that a title is only as strong as its root, requiring purchasers to look beyond the registry and investigate the lawful origin of land titles.

Real Estate

Land Law

When a Name Beats a Mark: High Court Favors Business Name Over Trademark in Paksons Case

Intellectual Property

December 5, 2024

10 min read

Deborah Wanjiku and Adam Kadernani

When a Name Beats a Mark: High Court Favors Business Name Over Trademark in Paksons Case

The High Court ruling in Paksons Enterprises v Kipkoech highlights the gap between business name and trademark registration in Kenya's IP landscape, demonstrating that prior use can trump later trademark registration.

Intellectual Property

Trademarks

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