In Kenya, succession processes are anything but straightforward. With a mix of legal, cultural, and familial factors at play, most women are often unable to navigate the legal process of inheriting property.
spoke to Martin Mugambi, a lawyer at Kenya Land Alliance (KLA) who simplified the process for women who may want to go through the process.
Mr Mugambi explains what the process is and why it is important: Succession in Kenya refers to the legal process of transferring ownership, rights or the inheritance of property from a deceased person to their heirs or beneficiaries (wives, husbands, children, parents etc.). The laws governing succession in Kenya are primarily contained in the Law of Succession Act.
How life changed when our husbands died How Africa treats its widows What is the process to be followed once a spouse dies?Mr Mugambi advises that the first step to take is to obtain a death certificate by visiting the registrar of persons and provide them with the deceased persons identity card and burial permit after which a death certificate will be issued.
Thereafter, he says you will need a letter from your local chief, which outlines the deceaseds properties and lists their spouses and children. The chiefs letter is always addressed to the court.
After obtaining those documents, you can invest in the services of a lawyer who will proceed to file the documents to the nearest court for approval and assessment of fees. The person must present the documents to the court before they are allowed to file an official petition for accessing the deceaseds property, he advises.
Documents neededIn the event your loved had written a will, You will need the original will, an affidavit (drawn by your lawyer), two photocopies of the will and a certified copy of the death certificate. If the will was done correctly, inheritance of the deceaseds property will be in accordance with the wishes of the deceased, Mr Mugambi says.
On the other hand, if there was no will, At least two people (called applicants) will present copies of the identity cards , affidavits (drawn by a lawyer), certified copy of the death certificate , proof of ownership of the property of the deceased like title deeds, logbooks, share certificate, a letter from the area chief listing all the beneficiaries to the property, their ages and relationship with the deceased, and identity cards of all sureties (those who have taken responsibility for what you say) , he adds
Thereafter, a notice will be published in the Kenya Gazette and the applicant has to wait for 30 days to allow for any objections. Mr Mugambi says the purpose of gazettement is that if a person had been left out of the list of beneficiaries, they can apply to the court to be included.
After the 30 day-period and there are no objections, the court will issue a grant of letters of administration. Errors in names, descriptions, place and time of death may be rectified later, Mr Mugambi states.
What fees are charged?Once the forms are presented to the court registry for assessment and payment, the applicant will be charged Sh2,000 for court fees, Sh3,480 for government printing and Sh1,000 for summons for confirmation, he says.
Of course, the fees are not cast in stone and may change upon review by the Judiciary.
In the event that women still do not feel confident enough to go through the above processes on their own, they can approach organisations such as Kenya Land Alliance who have a Women Land Rights Program. The program assists women through the succession process.
