Early Onset of OND Short Rains Likely This Week
Tired of Timebucks Screen outs?Try Opinodo Surveys
When a Parent Dies Without a Will: What the Law Says About Children and Grandchildren
By AMOS MUOKI
NAIROBI
When Nduku’s husband died in 2015, she believed the worst was behind her. Together they had spent thirty years building a home in Nairobi and buying farmland in Machakos, and they had raised four children: three sons and a daughter.
Before the law, all children are equal. The Kenyan law of succesion overrides customs which disadvantage daughters while favouring sons. |FILE
Her sons moved quickly. Citing Kamba custom, they told her that their married sister had no claim to the estate, and that she herself was only a caretaker of property that belonged to the male heirs.
They were wrong. Under the Law of Succession Act, daughters inherit equally with sons, a widow holds the estate in trust rather than as a caretaker, and the children of a child who has died can take that child’s place. The law offers clear answers to families who find themselves in Nduku's position.
The widow as trustee
When a person dies without a will and leaves a spouse and children, the estate is not simply split between them. Under Section 35 of the Act, the surviving spouse takes the personal and household effects outright, but has only a life interest in the rest of the estate. That means the right to use and enjoy the property for life, without owning it. The capital passes to the children when the spouse dies or, in the case of a widow, when she remarries.
The arrangement protects the family. It prevents a surviving spouse from selling the property or leaving it to outsiders, and it ensures the estate reaches the children as intended. The spouse may also give away part of the capital to the children during their lifetime, and a child who is unhappy with how that power is used can go to court.
Where there is no surviving spouse
If the deceased leaves children but no spouse, Section 38 of the Act applies, and the estate is divided equally among all the children. No child can claim a larger share because of gender, age or position in the family. The courts have refused attempts by sons to take the greater part of an estate and leave their sisters with a token portion.
Daughters, married or not
Many customary systems excluded daughters from inheriting land, on the assumption that they would marry and be provided for through dowry. The Act does not allow this. The most important statement of the principle came from the Court of Appeal in Rono v Rono [2005] 1 EA 363, where Justice Waki confirmed that the law does not discriminate between children on account of their sex. A daughter’s marriage does not reduce her entitlement, and customary law cannot be used to displace the Act in matters of intestate succession.
When a child has died first
If a child dies before their parent, that child’s own children are not left out. Under Section 41, they take, in equal shares, the portion their parent would have received. This is known as the principle of representation.
Consider a man with three children, Peter, Paul and Mary. Peter dies before his father, leaving two children. The estate is divided into three equal shares. Paul takes one, Mary takes one, and Peter’s two children share the third, receiving half of it each. Lawyers call this distribution “per stirpes”, meaning “by branches”. The grandchildren do not each receive a full share equal to that of their uncle or aunt.
Protecting minors
Section 41 also creates a statutory trust for children under eighteen. Their shares are held on their behalf until they come of age, and cannot be taken or squandered by others in the meantime. Administrators of the estate are expected to safeguard the property, often by opening a bank account in the child’s name, and it passes to the child when the trust ends.
Gifts made during the parent’s lifetime
Fairness also requires that earlier gifts be counted. Under Section 42, if a parent gave one child a significant gift or settlement during their lifetime, that benefit is taken into account when the final shares are worked out, and that child may receive less from the estate. Lawyers call this bringing the property into “hotchpot”.
A practical guide for families
Families dealing with an estate should begin by listing every child of the deceased, sons and daughters, married and unmarried, including children born outside marriage whom the deceased recognized. They should then establish whether any child has died, and if so identify that child’s own children, who may inherit their parent’s share.
If there is a surviving spouse, the spouse takes the household effects and a life interest in the rest, and the children receive the capital later. If there is none, the estate is divided equally among the children, with grandchildren sharing the portion of a parent who has died.
Shares belonging to minors must be held in trust, and any earlier gifts to individual children must be accounted for.
The bottom line
Had Nduku’s sons known the law, they would have understood that their mother was entitled to hold the estate in trust for all four children, including their sister. Instead of trying to shut out their mother and sister, they should have worked together to see their father’s estate distributed fairly. The courts have been consistent that custom cannot override the Act. For families, the message is that all children are equal in law.
This column is for informational purposes only and does not constitute legal advice. Consult a qualified professional for guidance specific to your circumstances.
TSC Asssures Teachers of Action to Address SHA Challenges
Kitui Takes Over Oxygen Plant as Project Transitions to County Ownership
Police arrest driver carrying 48 AK47 bullets in Kanyonyoo road block
IEBC Announces Migwani By-Election Date
Embu MCAs in Suspected Go-Slow Abscond Assembly Sittings
Weather: What to expect in Kitui County this week
Elders' Wisdom and Intervention Changed my Position, says CS Ruku
Safaricom Chapa Dimba Crowns Eastern Region County Champions
County champions from Isiolo, Meru, Embu, Tharaka Nithi, Machakos, Kitui, Makueni and Marsabit win Ksh. 75,000 each and advance to the Eastern Region finals in Embu
Safaricom Chapa Dimba has crowned county champions across the Eastern Region following an action-packed weekend of county finals, with young footballers competing for county honours and a place in the Eastern Region finals.
The county finals were held across Isiolo, Meru, Embu, Tharaka Nithi, Machakos, Kitui, Makueni, and Marsabit, bringing together talented young footballers in both the boys’ and girls’ categories.
The county champions in both categories each received KSh. 75,000, while the runners-up received Ksh. 30,000, alongside other individual awards. The champions will now advance to the Eastern Region finals, where they will compete for regional honours.
In Embu, Royal Queens Academy were crowned girls’ champions after defeating Ishiara Bright Starlets 7-0 in the final at Embu Moi Stadium. In the boys’ category, Black Cats Football Academy claimed the county title with an emphatic 8-1 victory over Ishiara Bright Academy.
In Machakos, MCF Starlets emerged as the girls’ county champions after defeating Kibauni Ladies 1-0 in the final. MCF Starlets secured their place in the final with a 1-0 victory over Kisooni Queens, while Kibauni Ladies advanced after a goalless draw with Kyumbi All-Stars Queens, winning 5-4 on penalties.
In the boys’ category, Golden Football Academy were crowned county champions after overcoming Masii Boys 4-1 on penalties, following a goalless draw in the final. Golden Football Academy had earlier defeated Koma United 3-0 in the semi-final, while Masii Boys progressed after a 3-1 victory over Matuu Homeboys.
In Kitui, Syomunyu Queens were crowned girls’ county champions after defeating ISAA Queens FC 3-0 in the final. Syomunyu Queens had earlier secured their place in the final with a 4-1 victory over Nguni Sirens, while ISAA Queens FC advanced after receiving a walkover against United Starlets in the quarter-finals before defeating Kitui FC Ladies 2-0 in the semi-final.
In the boys’ category, SMPI Academy claimed the county title after defeating Mwingi Junior Academy 3-0 in the final. SMPI Academy had earlier edged St. Charles Lwanga 1-0 in the semi-final, while Mwingi Junior Stars progressed after a goalless draw with Nyanyaa Bullets, winning 3-2 on penalties.
In Isiolo, Bridge Starlets were crowned girls’ county champions, while MAFA FC claimed the boys’ county title. In Meru, Akuune Queens secured the girls’ county title, while Makinduri Rockstars emerged as the boys’ champions.
In Makueni, AIC Sultan was crowned girls’ county champions, while in Marsabit, Dakabaricha Girls emerged as the girls’ county champions and Abdary FC secured the boys’ title. In Tharaka Nithi, Mugona Girls were crowned girls’ county champions, while Kajiunduthi High claimed the boys’ county title.
The county finals provided a competitive platform for emerging footballers across the Eastern Region to showcase their talent, with teams battling through the various stages of the tournament for an opportunity to represent their counties at the regional level.
“Congratulations to all the county champions and every team that participated in the Eastern Region County finals. The level of competition and talent witnessed across the counties has been encouraging, and we are pleased to provide young footballers with a platform to showcase their abilities and compete at a higher level. We look forward to the Eastern Region finals as the county champions come together to battle for regional honours,” said Oliver Kiptoo, FKF National Coordinator.
The Eastern Region finals will be held on 2nd and 3rd October 2026 in Embu, bringing together the top boys’ and girls’ teams from the eight counties. The county champions will battle for regional honours and an opportunity to progress further in the Safaricom Chapa Dimba tournament, as the competition continues to provide a pathway for young footballers to develop and showcase their talent.
COUNTY | BOYS’ WINNERS | GIRLS’ WINNERS |
Machakos | Golden Football Academy | MCF Starlets |
Kitui | SMPI Academy | Syomunyu Queens |
Meru | Makinduri Rockstars | Akuune Queens |
Makueni | AIC Sultan | |
Embu | Black Cats Football Academy | The Royal Queens Academy |
Tharaka Nithi | Kajiunduthi High | Mugona Girls |
Isiolo | MAFA FC | Bridge Starlets |
Marsabit | Abdary FC | Dakabaricha Girls |
MWINGI TIMES for timely and authoritative news.