When a person dies, many families are left confused and divided about land, houses, livestock, and money. Some people rush to take property, while others are left suffering, especially widows and children. In Kenya, there is a law called the Law of Succession Act that explains clearly who should inherit, who should manage property, and what is allowed or not allowed after death. This law was made to bring peace, fairness, and order in families.
This law applies to most Kenyans, whether rich or poor, living in towns or villages. It applies when a person dies and leaves property behind. The only exception is for Muslims, whose inheritance follows Islamic law, though the government still helps in managing the process. For everyone else, this law guides how land, houses, animals, and money should be shared.
A will is simply instructions a person gives about their property before they die. Any adult who is thinking clearly can make a will—men and women are equal. A will can be written or spoken, but a written will is better because it reduces arguments.
If a person gives instructions while being forced, threatened, or tricked, that will is not valid. A person can also change their will anytime while alive. However, when a person gets married, an old will is cancelled unless it was made with that marriage in mind.
Writing a will helps families avoid fights and court cases. It allows a person to decide who gets what and helps protect children and spouses. But, many people die without writing a will. When this happens, the law steps in and decides how property will be shared.
If a man or woman dies and leaves a spouse and children, the spouse keeps household items like furniture and utensils and uses the rest of the property during their lifetime. After the spouse dies or remarries, the property goes to the children equally.
If the deceased leaves a spouse but no children, the spouse still gets household items and part of the property and uses the rest while alive. Later, the property goes to close relatives.
If there are children but no spouse, the children share everything equally. If there are no spouse and no children, the property goes to parents, then brothers and sisters, and other relatives. If no relatives are found, the government takes the property.
In families where a man had more than one wife, the law recognizes all wives and children. The property is first divided according to the number of children in each house, and each wife is counted as an extra share. After that, each house shares its portion fairly. This helps prevent one house from taking everything.
The law protects people who depended on the deceased, such as widows, children, parents, and even relatives who were being supported. If such a person is left out or treated unfairly, they can go to court and ask for help. The court can order that they be given land, money, or support so that they do not suffer.
This part of the law is very important for widows and children, especially in rural areas where they are often chased away from land.
One of the strongest rules in this law is that no one is allowed to take, sell, or use a dead person’s property without permission from the court. Even close relatives are not allowed to do so.
Anyone who grabs land, sells cows, or withdraws money before being legally appointed can be arrested, fined, or jailed. Chiefs, assistant chiefs, and police officers are required to protect the property of the deceased until the right people are chosen to manage it.
After death, the court appoints people called administrators or executors to manage the property. These people collect property, pay debts, and later share what remains. They must be honest and fair. They are not allowed to share property until the court gives final approval.
If an administrator steals or misuses property, they can be punished by law.
This law helps reduce family fights, land grabbing, and suffering of widows and orphans. It teaches that inheritance should be done peacefully, fairly, and legally. Every family is encouraged to talk openly, write wills where possible, and follow the law when someone dies.
Knowing this law helps protect families and keeps communities united.
This law applies to most Kenyans, whether rich or poor, living in towns or villages. It applies when a person dies and leaves property behind. The only exception is for Muslims, whose inheritance follows Islamic law, though the government still helps in managing the process. For everyone else, this law guides how land, houses, animals, and money should be shared.
A will is simply instructions a person gives about their property before they die. Any adult who is thinking clearly can make a will—men and women are equal. A will can be written or spoken, but a written will is better because it reduces arguments.
If a person gives instructions while being forced, threatened, or tricked, that will is not valid. A person can also change their will anytime while alive. However, when a person gets married, an old will is cancelled unless it was made with that marriage in mind.
Writing a will helps families avoid fights and court cases. It allows a person to decide who gets what and helps protect children and spouses. But, many people die without writing a will. When this happens, the law steps in and decides how property will be shared.
If a man or woman dies and leaves a spouse and children, the spouse keeps household items like furniture and utensils and uses the rest of the property during their lifetime. After the spouse dies or remarries, the property goes to the children equally.
If the deceased leaves a spouse but no children, the spouse still gets household items and part of the property and uses the rest while alive. Later, the property goes to close relatives.
If there are children but no spouse, the children share everything equally. If there are no spouse and no children, the property goes to parents, then brothers and sisters, and other relatives. If no relatives are found, the government takes the property.
In families where a man had more than one wife, the law recognizes all wives and children. The property is first divided according to the number of children in each house, and each wife is counted as an extra share. After that, each house shares its portion fairly. This helps prevent one house from taking everything.
The law protects people who depended on the deceased, such as widows, children, parents, and even relatives who were being supported. If such a person is left out or treated unfairly, they can go to court and ask for help. The court can order that they be given land, money, or support so that they do not suffer.
This part of the law is very important for widows and children, especially in rural areas where they are often chased away from land.
One of the strongest rules in this law is that no one is allowed to take, sell, or use a dead person’s property without permission from the court. Even close relatives are not allowed to do so.
Anyone who grabs land, sells cows, or withdraws money before being legally appointed can be arrested, fined, or jailed. Chiefs, assistant chiefs, and police officers are required to protect the property of the deceased until the right people are chosen to manage it.
After death, the court appoints people called administrators or executors to manage the property. These people collect property, pay debts, and later share what remains. They must be honest and fair. They are not allowed to share property until the court gives final approval.
If an administrator steals or misuses property, they can be punished by law.
This law helps reduce family fights, land grabbing, and suffering of widows and orphans. It teaches that inheritance should be done peacefully, fairly, and legally. Every family is encouraged to talk openly, write wills where possible, and follow the law when someone dies.
Knowing this law helps protect families and keeps communities united.
