Why being a daughter doesn't disqualify you from inheriting your family's wealth
A woman wears a sad face. Inheritance disputes often leave women feeling isolated and powerless, even when the law is on their side.
What you need to know:
- A woman faces eviction from her family land by brothers who claim women can't inherit property.
- Kenyan law actually guarantees equal inheritance rights for all children regardless of gender under the Law of Succession Act.
Dear Vivian,
My parents died in 2023, leaving a 10-acre home in Nyeri and two rentals—one in Thika and another in Ruiru. I live on the Nyeri land, farming and managing the home. My brothers control the rentals and family savings without involving me. Now they want to evict me, claiming I can't inherit as a woman. What should I do?
Njeri Waiganjo
Nyeri
Dear Njeri,
Traditionally, inheritance practices in Kenya sometimes favoured sons over daughters. However, the good news is that Kenyan law now guarantees equal inheritance rights for all children, regardless of gender.
When a person dies without a will (intestate), their property is distributed according to the Law of Succession Act. This Act ensures that all children have equal rights to inherit from their parents' estate, regardless of gender. Courts have consistently upheld this principle, indicating that daughters are entitled to an equal share of the estate alongside sons.
As a first step, you should engage a qualified mediator to help resolve the dispute among your siblings. Kenyan courts encourage parties in succession matters to explore mediation before turning to litigation. Mediation is not only cost-effective but also helps preserve family relationships. However, all parties must willingly consent to the mediation process and jointly select a mediator and venue.
During mediation, each party will present their views and concerns. Ideally, an amicable agreement will be reached. Once consensus is achieved, a Private Settlement Agreement will be signed by all parties. Within 30 days, the mediator will submit this agreement to the Mediation Registry for registration and court adoption. If the court is satisfied that all requirements have been met, the agreement will be adopted as a court judgment, making it legally binding and enforceable.
If mediation fails, you may proceed to file a succession petition at the High Court. At this stage, you should engage a qualified advocate or visit a Women's Rights Organisation to help prepare and file the necessary documents. These include a chief's letter identifying all beneficiaries, ID cards for you and your siblings, certified copies of your parents' death certificates, and documents proving ownership of estate properties and bank accounts.
The petition will be filed at the court registry along with payment of prescribed fees. The court will mention the case and later gazette it for 30 days to allow for any objections. Meanwhile, your advocate can apply for interim orders to freeze estate accounts, prevent any evictions from the Nyeri home, and preserve the estate pending court determination.
If there are no objections, the court may appoint one or more of you as administrators to manage the estate temporarily for six months. After this period, the court will issue a Certificate of Confirmation of Grant detailing how the estate is to be distributed. Thereafter, the properties will be transferred to the respective beneficiaries, allowing you full control of your share.
Vivian
The writer is an Advocate of the High Court of Kenya and award-winning Civil Society lawyer. [email protected]