Mary Wathuta from Nyeri had petitioned the court to find her as a dependant of her deceased father, and, therefore, entitled to a share of his property.She had been denied a share of her father’s property on account of having been married. And on Wednesday, Justice Lucy Waithaka ruled in her favour.“This court finds that the married daughters are dependants and beneficiaries of the deceased and qualify to inherit and are also entitled to benefit from the deceased’s estate,” Waithaka ruled.
Traditionalists believe it infringes on the convention that a woman once married belongs to her husband, and cannot claim property from her parents. But gender activists say this belief treats women as ‘second-class beings’ who are easily disinherited even when unmarried.Traditionalists believe it infringes on the convention that a woman once married belongs to her husband, and cannot claim property from her parents. But gender activists say this belief treats women as ‘second-class beings’ who are easily disinherited even when unmarried.Although the law giving women, married on not, equal rights to parents’ property have been in existence since 1981, the reality is that many women still have to fight for land rights.The Act says that if a dependant is disfavoured by the deceased in disposition of his property, and a court finds that this affected the dependant, it may annul the disposition and order reasonable provisions be made to the dependant as it shall find necessary.
The dependants listed in the Act include a man’s 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.The Act also lists a man’s parents, stepparents, grandparents, grandchildren, stepchildren and any children whom he takes into his family as his own.Brothers and sisters, and half-brothers and half-sisters, who depends on a man immediately prior to his death are also listed as dependants who have a right to inherit his property.The Act excludes communities in 12 counties from compliance, including West Pokot, Wajir, Samburu, Lamu and Turkana.Other counties excluded from the Succession Act of 1981 are Garissa, Isiolo, Kajiado, Marsabit, Tana River, Mandera and Narok.