This archive report was first published on 13 November 2019.
Kenya's Inheritance Law: A Pipe Dream for Many ¶
Published on November 13, 2019, the Law of Succession Act of 1972 aims to provide a framework for inheritance in Kenya. However, the law remains a distant dream for many due to a lack of knowledge on the existence of laws safeguarding their right to own and inherit property.
The Law of Succession Act defines who can inherit and how to apply for succession, a process that transfers property from the deceased to beneficiaries. However, the absence of knowledge on the relevant processes and procedures at the courts or government offices limits the actions of those aware of the law.
Furthermore, the lack of resources to pursue cases through the formal justice system leaves many victims of fraud, exploitation, and disinheritance. In many Kenyan communities, inheritance is customarily passed from fathers to sons, resulting in women and daughters being denied their right to inheritance.
According to statistics, only 7 percent of women are registered land owners compared to 30 percent of men in Kenya. This significant gender gap is a result of the community's limited knowledge on constitutional rights to own property equally without discrimination and avenues to seek legal recourse.
Despite the introduction of laws on gender equality, such as the Matrimonial Property Act, the knowledge gap persists. The Matrimonial Property Act recognizes the rights of both spouses to a marriage and upon the death of either, the surviving spouse is entitled to property rights.
Efforts to bridge the knowledge gap include the collaboration between the Kenya Legal and Ethical Issues Network on HIV/Aids (KELIN) and the Family Division of the High Court of Kenya and the Office of the Public Trustee. The two institutions have developed simplified education resource materials to outline the process of initiating the succession procedure and claiming inheritance dues.
The toolkits, which include booklets and posters, aim to educate members of the community on the procedures to claim property rights and the basic documentation required to support court processes. The Family Division, Office of the Public Trustee, and KELIN will make the toolkits available during the ongoing Family Division Service Week at the Milimani Law Court.
Members of the public are urged to visit the exhibition and learn more about securing their inheritance rights. The event, dubbed 'urithi wako, haki yako' (your inheritance, your right), highlights the knowledge gap on inheritance matters in the country.
As Jessica Oluoch, a lawyer and senior programme officer at KELIN, notes, 'The situation is further aggravated by the community's limited knowledge on the constitutional rights of all persons to own property equally without discrimination and on avenues to seek legal recourse.'
— Jessica Oluoch, Lawyer and senior programme officer of the Women Land and Property Rights programme at the Kenya Legal and Ethical Issues Network on HIV and Aids (KELIN)
— The article first appeared in the Business Daily.
