NAIROBI, Kenya, Jul 9 – The High Court has ruled that a woman whose marriage to a deceased man was legally invalid because he was still in an existing monogamous union is nevertheless entitled to inherit from his estate under Kenya’s succession laws.

📻 Breaking It Down

In a landmark judgment delivered by Justice H.K. Chemitei held that Jane Jerry Kioko qualifies as a wife of the late Ndolo Kioko Musyimi for purposes of inheritance and succession.

The court consequently appointed her as a joint administrator of the deceased’s estate alongside his children.

The decision provides fresh judicial interpretation of Section 3(5) of the Law of Succession Act, which safeguards the rights of women and children arising from unions that may not meet the legal requirements of marriage but existed in practice as family relationships.

📌 What You Need to Know

The dispute arose after the deceased’s children petitioned the court for letters of administration following his death on December 30, 2021, listing themselves as the beneficiaries of the estate.

However, Jane challenged the application, maintaining that she had been the deceased’s wife and that the couple had two children together.

Court records showed that the deceased had married his first wife, Loise Wambui Muigai, in 1987 under a monogamous marriage.

Although divorce proceedings had reportedly commenced, the marriage had not been legally dissolved when the deceased entered into a customary marriage with Jane in Tanzania in March 2015 under Hehe customary law before later formalising the relationship through a civil marriage in June of the same year.

Jane told the court that she believed the deceased had already finalized his divorce before they married.

Witnesses testified that customary marriage rites had been performed, dowry paid and that the deceased openly recognised and introduced Jane as his wife to family members and friends.

📰 Source: Capital FM Kenya