The High Court ruled that daughters hold equal rights to inherit their father’s property just like sons, regardless of whether they are married or not.
The decision followed a succession dispute in which some family members argued that married daughters should receive little or no share of the estate. The court rejected that position and affirmed that marriage does not diminish a daughter’s inheritance rights.
“Many estates across Kenya are being occupied, developed, and controlled based on assumptions that daughters have ‘already benefited elsewhere’ through marriage,” the court stated.
The court further held that informal or oral promises of land made to sons do not have legal force if the proper legal transfers were not completed before the deceased died.
More importantly, the court reaffirmed that under Section 38 of the Law of Succession Act, read together with the Constitution, daughters and sons enjoy equal standing in inheritance matters.
It also stressed that cultural practices that exclude daughters from inheriting cannot override the Constitution or the Law of Succession Act.
In its ruling, the court reiterated the principle of equality among all children, stating that sons and daughters must receive equal treatment under the law.
The decision reflects a growing trend in Kenyan courts to prioritize fairness and equality in family-related disputes over traditional assumptions and informal arrangements.
In a recent matrimonial property case, the High Court similarly ruled that ownership does not depend solely on whether a couple holds a marriage certificate or whether one party can show direct financial contributions.
More importantly, the court recognized that contribution goes beyond bank transfers, receipts, or title documents and also includes non-monetary efforts that sustain a home and support family life.
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