In a landmark judgment, the High Court has struck down several sections of the Law of Succession Act, calling them unconstitutional and discriminatory.
The ruling, seen as a major legal shift, delivers a dramatic win for men—but a sobering setback for women’s inheritance rights under current law.
Discriminatory Clauses OverturnedThe court specifically ruled that Section 35(1)(b)—which strips widows of life interest in a deceased husband’s estate if they remarry—is unconstitutional.
Equally struck down were Section 36(1)(b), which imposes the same restriction, and Section 39(1)(a) and (b), which prioritizes fathers over mothers in intestate succession. These provisions violated constitutional guarantees of gender equality under Article 27 .
Legal and Social BacklashFor decades, succession regulations in Kenya have disadvantaged women. Widows lost claim to life interest upon remarriage, while mothers were secondary heirs to fathers in cases of intestacy.
Civil society groups, led by Ripples International, brought the petition forward, arguing that these clauses stemmed from outdated customary norms that marginalize women .
The High Court, in Meru in September 2022, agreed—finding the sections incompatible with modern constitutional rights. Justice Muriithi ruled that there is no justification for gender-based discrimination in inheritance laws .
Immediate Legal ConsequencesThe verdict mandates that judges now interpret succession matters without those discriminatory provisions. Widows who remarry retain their estates, and mothers have equal rights to their deceased children’s assets.
The ruling is effective immediately—no further legislative amendment is needed .Repercussions for Women’s RightsWhile the verdict improves men’s legal standing—by affirming widowers’ continued life interest—the move is symbolic of the fight for women’s equality.
Legal scholars argue broader reforms are necessary to eliminate vestiges of patriarchal bias in inheritance law. Many widows and mothers had suffered financially under the now-invalidated rules.What Comes NextRights advocates are urging Parliament to proactively revise the Succession Act to ensure full compliance with constitutional equality.
Courts must align future rulings with the spirit of this judgment. The Ministry of Justice may also issue guidelines to aid magistrates and registrars in applying the new legal standards.
