In Kenya, land remains one of the most valued family assets, a source of pride, livelihood, and legacy. But increasingly, what was meant to unite generations is now dividing them.
As the cost of living rises and economic opportunities dwindle, questions of entitlement, inheritance, and generational wealth are creating rifts in many Kenyan households.
In Kenya, land remains one of the most valued family assets, a source of pride, livelihood, and legacy. But increasingly, what was meant to unite generations is now dividing them.
More young people are urging their parents to subdivide ancestral land while still alive, arguing that they are financially struggling while their parents live comfortably. In some families, this pressure has erupted into full-blown legal battles, with siblings and parents facing off in court over land.
But is it your right to inherit your parents’ or grandparents’ land?
Traditionally, it was a given: A father would one day call his sons and give each a portion of land. Women were largely excluded from inheritance. But things have changed.
Today, more young people are beginning to ask: Is it compulsory to inherit land from one’s parents or grandparents?
What if I’m not interested? What if I plan to move abroad? Others wonder: Is it my right to inherit my father’s land, and why shouldn’t he give it to me now?
Quincy Gitahi, an advocate of the High Court of Kenya offers a legal perspective.
“The question of whether it is your right to inherit land from your parents or grandparents is very broad. But I agree that the younger generations are more desperate compared to previous generations,” he says.
Previous generations, he explains, had a deep sentimental attachment to land and other physical assets because of how hard they had to work to acquire them.
“If you’ve sweated for something, it might be very difficult to let it go. That might be why our grandparents really held on to land,” he says.
However, emotional attachment does not necessarily translate into a legal obligation to give children or grandchildren land.
“Parents can choose to dispose of their property as they wish. Legally and morally, there is an obligation to provide for your beneficiaries, but this does not mean children are entitled to a specific portion,” he says.
While the law recognises a child’s right as a beneficiary, it also grants the property owner the freedom to distribute their estate “in the proportion they deem proper and fit.”
That means a parent can choose to give one child more, another less, or even disinherit a child—as long as the will meets legal standards.
And if it doesn’t?
“When a will is challenged in court—a process called propounding—the court will try to enforce the deceased’s wishes. However, if the will is unclear or found invalid, the estate reverts to intestate succession,” he says.
Intestate succession is the distribution of property when there is no valid will. “In that case, the court will divide the property equally among all the children,” says Mr Gitahi.
This raises one of the most frequently asked questions in succession law today: If a will can be overturned, are children always equal under the law?
“Under intestate succession, all children are equal, regardless of whether they were born in or out of wedlock,” he says.
This marks a departure from traditional practices where male children were seen as heirs and daughters were expected to marry into other families.
“Under the 2010 Constitution, gender is a non-issue in inheritance. All those cultural practices that are repugnant to justice don’t stand,” says Mr Gitahi.
He adds that courts are increasingly recognising women not just as heirs but also as estate administrators.
“It was once only the boys who took up the assets and decided whether to give anything to their sisters. Today, such reasoning is not legally tenable,” he says.
So what happens when someone dies without leaving a will? Who manages the estate?
“The Law of Succession Act outlines the order of priority. If someone dies, the spouse is first in line to take up letters of administration. Then the children, followed by siblings, mother, and father,” says Mr Gitahi.
The law allows up to four administrators of an estate, meaning the family—including the spouse and children—can jointly manage the property. If minors are involved, the law mandates at least two administrators to protect the minor’s interests.
“Minors must be provided for to a large extent because they are more dependent than any other beneficiaries,” he says.
So, is it a child’s right to inherit their parent’s or grandparent’s land?
The wake-up call, particularly for Gen Zs and millennials, Mr Gitahi says, is this: It is not an automatic right.
“While the law recognises you as a beneficiary, your parents or grandparents can deal with their properties as they wish while alive. They can give it to anyone. Only in death, and in the absence of a valid will, does the law intervene to protect all direct beneficiaries equally,” says Mr Gitahi.
Even more critical is how land disputes are handled today. Mr Gitahi notes a worrying trend: beneficiaries selling or occupying land before the legal process is completed.
“The biggest challenge today is beneficiaries disposing of assets without following due process. That alone shows the insatiable rush to liquidate real assets,” he says.
Phanice Amukhale, a sociologist, notes that in many African traditions, it is customary and legally recognised for children to inherit land from their parents to preserve lineage and family heritage.
Yet despite the new laws, she says, a father subdividing land to his daughters still attracts murmurs.
Citing her own experience growing up in a Luhya household, Ms Amukhale witnessed the inequality rooted in tradition.
“Traditionally, inheritance favoured sons. The eldest son often got the largest piece. Daughters were excluded,” she says.
“There’s a belief that daughters will inherit from their husbands when they marry, but thankfully we now have laws that support equal inheritance,” she adds.
Still, she agrees with Mr Gitahi: inheritance is not an entitlement.
“If your parents are alive, and they worked hard for what they have, you should not count on inheriting it. When they choose to share land or wealth, it should be seen as appreciation, not obligation,” she says.
She warns that having expectations can breed tension.
“The problem is the mentality of expectation. Because your father owns the land, you assume it’s yours. And what if he doesn’t give it to you? That’s when families fall apart over property that was never theirs in the first place,” she says.
Her advice to young people is simple: “Your parents’ inheritance should not be part of your plans. They did their part by raising you. It’s your turn to build your wealth.”
