- Section 35(1) (b) and 36(1) of the Law of Succession Act, states that a widow with or without children, loses her life interest (inherited property from her deceased husband) upon remarriage.
International Widows Day, celebrated every year on June 23, is a special day established by the United Nations dedicated to addressing the poverty and injustice faced by millions of widows and their dependents.
Amid these celebrations, nominated Senator Veronica Maina (UDA) has tabled an amendment to the Laws of Succession Act, proposing that widows and widowers who remarry should lose the right to own property of their deceased spouses.
Although Kenya has laws that protect its widows, they manifest profound bias, which courts have sought to address.
Section 35(1) (b) and 36(1) of the Law of Succession Act, states that a widow with or without children, loses her life interest (inherited property from her deceased husband) upon remarriage.
In September 2022, the high court in Meru declared these sections unconstitutional; however the Act hasn’t been amended to reflect this position.
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A 2018 Simplified Resource Tool on Inheritance and related Family Law Practice in Kenya, by the Family Division of the High Court, points out gender discrimination in the Law of Succession.
These include maintaining the life interest of the widowers upon remarriage, while widows lose theirs and fathers give priority over mothers, by expressly granting them precedence to inherit a deceased child’s property whenever the late leaves no surviving spouse or children.
Furthermore, it shows the bias in inheritance of property in polygamous marriages. The husband is guaranteed inheritance of full estate when each of his wives dies, but when he dies, his wives have to divide his net estate among themselves and the children.
The Law of Succession (Amendment) Bill, 2020, maintained the loss of interest for the widows, which the Federation of Women Lawyers-Kenya (Fida-Kenya) protested.
The Bill wasn’t tabled in the National Assembly after that.
