Court may require to be satisfied as to solvency of administrator. On testate succession, whilst the current scheme of legal rights attracts criticism, the scottish government has concluded from the responses that it does have the benefit of striking a balance between testamentary freedom and limited protections for spousescivil partners and children and so will not bring forward reforms to the law on testate. The justices were keen on their ruling lest they validate bigamy hence sec 35 recognizes such marriage for succession purposes. Kenyan law currently affects property inheritance, the challenges. Intestate succession through the operation of the law of intestate succession, where the deceased did not leave a will estate is intestate and is governed by the laws of intestate succession. The law of succession act makes provision for both monogamous and polygamous situations and the nature of devolution of the property upon intestacy. Most of the dependants are family members but this is. Home education law of succession lecture notes part 1. The act was passed in 1972 but it came into effect from the 1st july 1981, there was an 8 year delay in bringing this statute into operation.
She has taught the law of succession to judicial officers and advocates of the high court of kenya. One of its provisions is the customary law clause that. List of subsidiary legislation subsidiary legislation rev. The law of inheritance in kenya is governed by the law of succession act,chapter 160 laws of kenya. Transfer of assets from kenya to personal representatives in country of domicile for distribution. It was the determination to achieve equality or uniformity that led to the enactment of the law of succession act cap 160 laws of kenya and the failed attempt to pass the law of matrimony act. Apr 30, 20 the woman married under customary law is regarded as a wife for succession purposes, notwithstanding that by virtue of section 37 of the marriage act the man had no capacity to marry her. Testamentary succession in accordance with a will which the testator regulates the succession. As for the kenya law of succession act, the bill was passed in 1972 but because some of its provisions were dependent on the marriage act it had to wait until the marriage bill was passed e. The kenya criminal procedure code outlines the procedure of criminal trials in kenyan courts. This act may be cited as the law of succession act. Cape d s p cronje and a roos casebook on the law of succession 2002 4th ed, unisa press. It is also referred to as the law of inheritance i.
It is trite law that any action brought on behalf of a deceased person by an applicant who is not a holder of a grant of representation is incompetent and bad in law. A refusal to compromise among key groups is escalating tension that, if not defused. The kenyan constitution guarantees that foreigners of different nationalities or religions are not treated differently to kenyan citizens, and foreigners can legally inherit, buy, and sell property in kenya. The new laws of kenya database provides two ways to work with content once you have found it, that will make your job easier. It is also reported by ibn masud that the prophet has said. Laws of kenya the law of succession act paula njeri. Succession to a deceased persons immovable and movable property. Law of succession act subsidiary legislation list of subsidiary legislation page 1.
The mischief of section 35 of kenya succession act harry. Lecture notes welcome to our free kenya law lecture notes. In legal terms this concerns the totality of rules which control the transfer of the assets of a deceased person to hisher successors. Pdf law of succession book tony jimmy maganga academia. The kenyan womans place in succession haki blogkituo. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application. It further noted that majority of kenyans rarely follow the succession act, and instead transmission of land rights upon death is undertaken within customary and. Ppt the law of succession act cap 160 of the laws of kenya. Then came colonialism and with the introduction of such things as the region law common law, equity, statues, they had profound impact on customary law. Surviving spouse or spouses, children, father, mother, brothers and sisters and any child of the deceaseds brothers or sisters, other relatives, the public trustee, and creditors. It is tailored specifically for the legal practitioner, the magistrate and judge, and the law student.
It further noted that majority of kenyans rarely follow the succession act, and instead transmission of land rights upon death is undertaken within customary and religious systems which discriminate against. Act to constitute the law of uganda in cases of succession. The major theme of the course is the consequences of death. Download a pdf copy by clicking on the download link below. M m corbett et al the law of succession in south africa 2001 2nd ed, juta and co. Laws of succession legal definition of laws of succession. The application of customary law in kenya requires the development of kenyan legal system. A free powerpoint ppt presentation displayed as a flash slide show on id. This is necessary because customary law was treated differently during different historical time. Ang awa, judge of the high court of kenya 2005 types of grants there. This article tells the story of the establishment of the two kenya commissions. These enjoy equal status and are subject to the constitution of south africa and other legislation.
The petitionerapplicant has brought this application to protect his interests as well as those of his estate. The south african law of succession prescribes the rules which determine the devolution of a persons estate after his death, and all matters incidental thereto. Background the kenya national land policy notes that land can be acquired through inheritance which entails, testate or intestate succession gok, 2008. The law of succession applying in kenya after 1981 17 3. These are all the available lecture notes in this section. The word will under kenya laws refers to all that a person wishes to happen on their death.
Because there are four marriage systems in kenya, namely. Section 35 of the law of succession act, in confusing terminology, states that subject to the provisions of section 40, where an intestate has left. Click on the links below to read the relevant lecture notes that will assist you with your law studies. Firstly you can quickly get a pdf version of the piece of legislation that you are viewing, simply click on the pdf icon to be able to download a pdf. The kenyan womans place in succession haki blogkituo cha. The law of succession act cap 160 of the laws of kenya.
Law of succession amendment act south african government. She is an advocate of the high court of kenya and a puisne judge. The law of succession amendment bill, 2019 parliament of kenya. Investment of funds to provide for legacies and interest on legacies. The main function of succession is to provide mechanisms for the transmission of property from the deceased to those who survive him. There are however, other statutes that affect the operation of trusts in kenya such as the income tax act and. The rules of succession identify the beneficiaries entitled to succeed to the deceaseds. Succession politics and the renewed threat of ethnic. Trusts in kenya are created under the trustees act or the trustees perpetual succession act. The law of succession comprises two branches, namely the common law of succession and the customary law of succession. Testate succession and intestate succession law teacher. The law of succession act cap 160 provides for persons that can inherit the property of a deceased. Challenges and opportunities in inheritance rights in kenya. It identifies the beneficiaries who are entitled to succeed to the deceaseds estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons for example, beneficiaries and.
Interests and powers not acquired nor lost by marriage. The law of succession act and the civil procedure act apply to all cases of intestate or testamentary succession in kenya. The constitution of kenya 2010 prohibits the discrimination of people on the basis of gender. W to the extent that the law of inheritance is said to constitute half the sum of ilm knowledge. An introduction to the kenya law of succession the kenya law of succession prescribes the rules which determine what ought to happen to a persons estate after his or her death. She is a fellow of the chartered institute of arbitrators. Musyoka law of succession1 law of succession law of. The law of succession act embodies certain principles of the english law of succession. The lines of a regular succession are divided into three, which rank among themselves in the following order. At the national level, kenya has a bicameral parliament consisting of the national assembly and the senate. Succession to intestate property devolution of both real and personal property, and is coextensive in meaning with the word succession. Nalo, land law and conveyancing in kenya, heinemann law books, 1986, p 1 2 in this regard, the ndungu commission discussed in this thesis noted in p. For now, kenya s main groups are at peace, but narrelle gilchrist of the university of chicago argues that kenya s stability may be short lived. The kenya law of succession determines the different rights and duties that persons for example, beneficiaries and creditors may have in a deceaseds estate.
Reform of customary law of succession and regulation of related matters act, 2008. It exposes the substantive succession legal regime applying in kenya as well as the kenyan probate practice. Kenya law of succession kenya law reports kenya laws kenya legal news kenya property law kenya sale of goods act. The law of succession applying in kenya since 1981. This paper can be downloaded in pdf format from ielrcs website at. Countryterritory kenya document type legislation date 1972 1990 source fao, faolex long title an act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of estates of deceased persons. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application to, all cases of intestate or testamentary succession to.
Published by the national council for law reporting with the. May 15, 2017 the law of succession act provides that except as otherwise provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of and shall have universal application to, all cases of intestate or testamentary succession to the estate of deceased persons dying after the commencement of. The section on testate succession is largely based on the english principles of succession, one may even call it a reproduction of the common law production of succession. Project muse procedure in the law of succession in kenya. The law of succession act gives an order of preference to guide the court as follows. Principles of the law of succession to intestate property. Kenya s politics often appear peaceful, but they are punctuated by dangerous periods of intense violence, particularly during election season. Law of succession act is the law regulating the inheritance of property in kenya. It is tailored specifically for the legal practitioner, the magistrate and judge and the law student william musyoka holds l. Learn study the knowledge of succession and teach it because i shall be taken.
How has customary law been recognized or applied in other areas of law, such as family law, the law of succession, the law of land tenure and natural resources, constitutional law, human rights law and criminal law, as well as the law and practice. How do i go about getting letters of administration. Who has the right to inherit a deceased persons property. In the context of the law of succession, it refers to the document or documents in which a person expresses their wishes on death. This text broadly and comprehensively covers the area of law of succession in kenya. Trust law in kenya as with most commonlaw countries, kenya is to a large extent dependant on laws that are founded on the laws of england. Kenya enacted a new constitution in 2010 through which it established a system of government akin to a federation, with legislative authority shared between the national parliament and county legislatures. Highlight gender perspectives of inheritance and family law in kenya. The law of succession act cap 160 of the laws of kenya types of grant by lady justice m. Lord justice spry court of appeal for east africa and of the succession commission the hon. Below is a list of sections and parts of the kenya criminal procedure code.
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