Gender Inconsistencies In Kenya’s Succession Law: A Constitutional And Comparative Critique
Kenya’s commitment to the principles of equality and non-discrimination is woven in the entirety of its 2010 Constitution expressed predominantly in Article 27 as a substantial improvement on the right as provided in Article 82 of the previous Constitution (Fitgerald, 2010). The family unit has been depicted as the basic unit of the society as expressed under article 45 of the Kenyan Constitution (Shamalla, 2024). The Law of Succession Act, CAP 160, was created to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of the estates of deceased persons. The Act prioritizes division and inheritance of property and seeks to protect and promote women’s right. It provides for the right of women to make wills and contest them. Pursuant to the Act, a wife is the primary dependent and is usually the most suitable to manage her late husband’s estate. The Act also prescribes that children inherit equally, with no preference based on gender...