Insight Into The Kenyan Law of Succession
A short insight over the various sources of conflict when it comes to inheritance, and what laws govern the process.
Morgan Waithaka, writer
The inheritance process is a source of conflict and family rivalry in most parts of the country. Even members of some of Kenya's wealthiest families have found themselves cast in the never-ending inheritance tussles.
This begs the question to find out what leads to conflict when claiming the inheritance.
According to a report by the Kenya National Bureau of Statistics (KNBS), a staggering 26. 2% of all Kenyan households have experienced conflict over succession squabbles at some point.
This can be attributed to a high number of Kenyan parents who fail to write their official inheritance documents for their children.
In most cases, the lack of an official document will lead to disagreements between family members in polygamous families over exactly who should inherit what or how much.
Another source of conflict in regards to inheritance is the question of equal inheritance rights between men and women, boys and girls, especially when linked to African traditional laws.
Property inheritance in Kenya is governed under Act title: Law of Succession [ Act No. 8 of 1976, s. 3.]. Various amendments have been made since the inception of the law, to cover various aspects and recurring consistent cases.
These laws help create basic consensus over what can be legally acquired, by who, what should be fought for and, under which circumstances.
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