04/03/2021
DAUGHTERS TOO CAN INHERIT PROPERTY.
For decades, women have not been getting the inheritance of their fathers’ property based on arguments that they get married thus depend on their husband's property.
The above position is however contrary to the holding of the Court in RONO VS RONO where it was observed that marriage should never be a determinant for locking daughters when it comes to inheritance of property.
According to law daughters to a deceased are dependents as stipulated in the Law of Succession Act section 29 that defines a dependant as the wife or wives, or former wife or wives and the children of the deceased whether or not maintained by the deceased immediately prior to his death.
Further, Article 60 (f) of the Constitution of Kenya 2010 provides for the elimination of gender discrimination in respect of land.
Daughters, therefore, have equal rights with the sons with regard to inheriting their fathers’ property and in case of disputes about the same, one can seek redress in a court of law.
The reality of the law as it is now is that the cultural tradition of locking out daughters from inheriting their parents’ property is outlawed.
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