The High Court has ruled that daughters have equal rights to inherit their father’s property just like sons, regardless of whether they are married or not.

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The decision arose from a succession dispute in which some family members argued that daughters who were married should receive little or no share of the estate.

However, the court dismissed this argument, affirming that marriage does not affect a daughter's right to inherit.

“Many estates across Kenya are being occupied, developed, and controlled based on assumptions that daughters have 'already benefited elsewhere' through marriage,” the Court stated.

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The court has further held that informal or oral promises of land made to sons are not legally binding if no proper legal transfers were completed during the lifetime of the deceased.

More significantly, the Court reaffirmed that under Section 38 of the Law of Succession Act, read together with the Constitution, daughters and sons stand on equal footing.

It also emphasized that cultural practices that exclude daughters from inheritance cannot override the Constitution or the Law of Succession Act.

In its ruling, the court reaffirmed the principle of equality among all children in inheritance matters, stating that sons and daughters must be treated equally 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 entitlement to property is not determined solely by the existence of a marriage certificate or direct financial contributions.

📰 Source: Kenyans.co.ke