The customary law of virtually all ethnic groups in kenya denies women any. Because there are four marriage systems in kenya, namely. Case reporting through kenya law reports, kenya appeal reports and kenya court of appeal decisions. Succession to intestate property devolution of both real and personal property, and is coextensive in meaning with the word succession. This site is like a library, use search box in the widget to get ebook that you want. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. It is also referred to as the law of inheritance i. List of subsidiary legislation subsidiary legislation rev. Law of succession act subsidiary legislation list of subsidiary legislation page 1. Law of succession act is the law regulating the inheritance of property in kenya. An act of parliament to amend the law of succession act. Section 21 of the act applies the law of succession act universally to all in kenya, except for those cases where different laws are applied by the act itself or through any other written law. The law of succession applying in kenya since 1981.
The application of different sets of law to area of succession was treated or seen as being discriminatory. 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. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this. Section 3 of the law of succession act, hereinafter referred to as the principal act, is amended in. There are however, other statutes that affect the operation of trusts in kenya such as the income tax act and the tax procedures act. Public trustee act reasonable provision resident magistrate revocation revoked rules of intestacy section 26 sections 32 share succession act. 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. S 14 amends general law amendment act 32 of 1952 amends wills act 7 of 1953. The kenyan womans place in succession haki blogkituo. The law of succession act is the general law of succession in kenya. Reform of customary law of succession and regulation of related matters act, 2008.
This article tells the story of the establishment of the two kenya commissions. While the law of succession affects everyone, it can also divide opinion. This has led to existence of this law for ensuring the. It is inevitable due to the fact death is a major occasion for the transfer of property and the principles relating to it form an important part of any legal practice. Form 93 petition by attorney of executor for letters of administration with written will annexed, executor being absent from kenya and there being no executor. Part ii aspects of intestate succession 2 interpretation in part ii in this part. The law of succession act cap 160 provides for persons that can inherit the property of a deceased person under section 29 as dependants which include.
President kenyatta assents to marriage and heroes bills. Laws of kenya the law of succession act paula njeri. 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. Published by the national council for law reporting with the. The intestate succession act, together with the childrens act, extended the categories of persons who may be heirs who take in intestacy.
Trustees act or the trustees perpetual succession act. The law of succession act was not operational until 1st july 1981 thus in the two cases the courts relied solely on section 37 of the marriage act to determine whether the deceased persons were capable of having other wives in addition to their statutory wives. Act to constitute the law of uganda in cases of succession. Intestate succession act 81 of 1987 after amendment by the reform of customary law of succession and regulation of related matters act 11 of 2009. Before the coming into force of the law of succession act on 1 july 1981. The law of succession act cap 160 of the laws of kenya types of grant by lady justice m. Download a pdf copy by clicking on the download link below. Ang awa, judge of the high court of kenya 2005 types of grants there. Juristic act is an act which is intended to create or alter rights and or obligations and it is an act to which the law attaches at least some of the consequences envisaged by the acting party or parties. Section 3 of the law of succession act, hereinafter referred to as the principal act, is amended in subsection 1 by inserting the following new definitions in. An act to amend the law relating to estates of deceased persons. Laws of kenya trustees perpetual succession act chapter 164 revised edition 2012 1981 published by the national council for law reporting with the authority of the attorneygeneral. The pbo act aims to create a new legal, regulatory, and institutional framework for nonprofit organizations doing public benefit work in kenya, under a single law.
A free powerpoint ppt presentation displayed as a flash slide show on id. Pdf the kenya evidence act cap 80 admin july 29, 2018. Succession law in kenya has a deep and intricate history. The law of succession act cap 160 of the laws of kenya. Kenyas parliament passed the pbo act in december 2012 and the president approved it in january 20, but a date for its implementation has not yet. 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. This act shall be called the intestate succession act, 1987, and shall come into operation on a date to be fixed by the state president by proclamation in the gazette.
This act may be cited as the law of succession short title. Succession is the right and transmission of the rights and obligations of the deceased to his heirs. Kenyas parliament passed the pbo act in december 2012 and the president approved it in january 20, but a date for its implementation has not yet been set. A person shall not marry unless that person has attained the age of eighteen years. Succession act 1906 uganda legal information institute. The law of succession applying in kenya after 1981 17 3. 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 intestate succession act of 1987 instituted a much simpler system of intestate succession, revoking commonlaw rules and all statutory adaptations in their entirety. Kenya law of succession kenya law reports kenya laws kenya legal news kenya property law kenya sale of goods act kenya sale of goods law kenya tax law kenya tort law. Click download or read online button to get the law of kenya book now. Kenya in respect of, and shall have universal application to, all cases of of 1978, intestate or testamentary succession to the estates of deceased persons sch. The law of kenya download ebook pdf, epub, tuebl, mobi. The law of succession amendment bill, 2019 parliament of kenya. Teleconference interview with lily murei, monitoring and evaluation officer, kenya land alli.
Law of succession and trust is the subject which multidisciplinary due to its interconnection and interrelation with other legal disciplines. Persons capable of making wills and freedom of testation. Law of sucession summary 2014 1st semester introduction to law of succession. It is precisely because it affects everyone that there must be some consensus on what reforms will deliver outcomes that are appropriate for the majority of modern day scots and in line with their expectations. Principles of the law of succession to intestate property. The kenya law of succession prescribes the rules which determine what ought to happen to a persons estate after his or her death. 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. This act may be cited as the law of succession act. Whilst there are many forms of trusts globally, the laws in kenya predominantly lean towards common law on ordinary trusts which establish a basic settlor. This act may be cited as the law of succession amendment act, 2020. Pdf law of succession book tony jimmy maganga academia. 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.
Court may require to be satisfied as to solvency of administrator. Procedure where deceased has left property in tanzania or kenya. Empowering women with rights to inheritancea report on. Section 35 of the law of succession act, in confusing terminology, states that subject to the provisions of section 40, where an intestate has.
Law of succession amendment cover parliament of kenya. Sensitize and educate kenyans on the provisions of the law of succession act. Law of succession amendment act south african government. To require that all kenya gazette notices pertaining to succession cases be posted at the lowest local administrative level and at market centres. The kenya law of succession determines the different rights and duties that persons for example, beneficiaries and creditors may have in a deceaseds estate. Although the law of succession act was intended to introduce an integrated system of. Purpose and objectives of the study land succession which is referred to as transmission in the kenyan land act of 2012. In 1990 an exemption was established for muslims, who were allowed to revert. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law consolidating various laws governing religious, customary, and civil marriages and divorces in the country. This paper can be downloaded in pdf format from ielrcs website at.