Court urges law reform to protect widows’ inheritance rights after remarriage

Widows should be free to remarry without losing their inheritance, court opined...

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A Kenyan High Court judge is urging lawmakers to reform the Law of Succession Act to prevent widows from losing inheritance rights upon remarriage, citing ongoing discrimination despite a 2022 court ruling.

The High Court declared parts of the law unconstitutional as they discriminated against women by revoking their inheritance if they remarried, while men faced no such restriction.
Justice Reuben Nyakundi highlighted the impact of Kenya’s patriarchal culture and customary laws that often render women dependent on male family members for property rights.
The judge emphasized that a change in marital status should not deprive a widow of her legally acquired inheritance rights, asserting equal rights for both men and women to remarry without penalty.

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