More Just Inheritance Laws for Our Sisters and Mothers: Provisions of the Law of Succession Act Deemed Unconstitutional
April 3, 2023by Adrian Nyiha
Conforming the definition of “spouse” in the Law of Succession Act to that in the Marriage Act. This would mean that, even for purposes of succession, men in monogamous marriages would have no legal capacity to marry other women under customary law, and their wives in their monogamous marriages would need not fear being automatically disinherited of matrimonial property. This is especially important given that, as of 2019, there are six times more widows than widowers in Kenya.[1] Even biologically, men just have a lower life expectancy.
