Lawyer Danstan Omari has defended the rights of daughters to inherit ancestral land, saying Kenyan law does not allow discrimination based on gender or marital status.
Speaking during a legal explainer, Omari addressed the growing debate over whether married daughters can claim a share of their parents’ property, especially in communities where customary practices traditionally favour sons in inheritance disputes.
The lawyer cited the landmark Court of Appeal decision in Rono v Rono, a case that reshaped succession law and affirmed equal inheritance rights for daughters.
“The law is very clear. You cannot discriminate against daughters because of gender,” Omari said.
The case involved the estate of Joseph Stephen Rono, who died without leaving a will. A dispute later arose among family members over the distribution of ancestral land, with arguments being made that daughters deserved smaller portions because they were likely to get married.
However, the Court of Appeal overturned the earlier High Court decision and ruled that all children, regardless of sex, were entitled to equal treatment under the Law of Succession Act.
“The Court of Appeal said Section 40 of the Law of Succession Act talks about children. It does not say boys or girls. It simply says children,” Omari explained.
The judges eventually ordered equal distribution of the estate among all the children, including daughters.
Omari warned that many families continue to subdivide ancestral land while excluding daughters from succession proceedings, exposing themselves to future court battles.
“Those title deeds can be revoked if sisters were excluded illegally from inheritance,” he said.
The lawyer also cautioned chiefs and family administrators against omitting daughters from succession documents, saying courts now require all beneficiaries to be disclosed before estates can be distributed.
Under the Constitution of Kenya, equality and freedom from discrimination apply to inheritance matters, meaning married daughters retain the right to inherit property from their parents.
The Court of Appeal ruling remains one of Kenya’s leading authorities on women inheritance rights and succession disputes involving ancestral land.
