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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
CASE OR APPLICATION NO [appropriate reference]
[APPLICANT OR CLAIMANT] v [RESPONDENT OR DEFENDANT]
EVIDENCE SCHEDULE
1. This schedule accompanies [identified appeal filing] and maps evidence already in the lower-court record. It does not add new proof of parentage. Every entry contains the confidential party identifier, record volume, page and finding relied on.
2. Category A — children whose status was recognised in the appellate judgment: [redacted identifiers and pages]. Record the precise status affirmed, the evidence of acknowledgement or provision, and the limits of the finding.
3. Category B — any person excluded by a finding which was not appealed: [redacted identifier and pages]. Do not include that person among the successful beneficiaries merely because the judgment discusses a broader constitutional principle.
4. Category C — evidence of acknowledgement and parental care: [testimony, admitted documents and pages]. Identify who gave the evidence and whether it was contested; a summary allegation is not a replacement for the actual exhibit.
5. Category D — genetic testing history: [orders, applications and pages]. Distinguish a request, an order, performance of a test and an admitted result. If no result exists, state that fact and do not supply a presumed biological conclusion.
6. Category E — claimant mothers’ marriage-capacity findings: [pages]. Keep these findings separate from each child’s status. A mother’s unsuccessful widow claim is not described as proof that her child necessarily lacked protection.
7. Category F — administration and remittal: [orders and pages]. Identify the persons directed to administer jointly and the court instructed to determine entitlements. No numerical inheritance division is included unless actually adjudicated.
8. The issue map is: constitutional birth-status objection [A and C]; individual relationship proof [A–D]; separate marital-capacity issue [E]; distribution still to be determined [F]. Missing documents are identified for the proper record or additional-evidence procedure.
DATED at [place] on [date]. [Signature of party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Check your facts, current rules, court directions and jurisdiction before use.
Use and evidence notes
Use rules 40 and 26 according to whether a document was omitted from the existing record or is genuinely new evidence. This is an appellate index and not a substitute for a succession petition, affidavit of dependency or distribution order. Public copies must avoid identifying minors.
Populate only categories supported by the actual record; remove an unused category rather than imply that a test or document existed.
Source facts and limits of the decision
A succession dispute originating in Mombasa concerned claimed widows and children of a Muslim deceased. The appeal questioned whether children could be excluded because of their parents’ marital status and how Muslim succession law interacts with constitutional rights.
The Supreme Court dismissed the exclusion appeal and affirmed the identified children’s beneficiary or dependant status. Joint administration by two widows was ordered and the matter remitted to the High Court at Mombasa to determine entitlements. It did not set individual inheritance fractions.
Constitution Articles 20(3), 24(4), 27, 53 and 163(4)(a); Law of Succession Act section 2(3); Supreme Court Rules 2020 rules 38–42. Underlying succession proceedings remain Mombasa proceedings; this specimen concerns appellate filing at the Nairobi Supreme Court.
Read the original reported decision: Supreme Court Petition E035 of 2023 — 30 June 2025
The original judgment may identify participants. These samples remove their names; allegations and unsuccessful arguments are identified as such. Relevant facts, reasons and disposition checked in the official Supreme Court judgment PDF through retrieved text. The specimen is a fresh educational reconstruction; it is not a reproduction of an actual pleading.
Related law and procedural rules
Constitution of Kenya · Supreme Court Act · Supreme Court Rules 2020 — official compilation
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