Succession is the legal process of passing on a deceased person’s property to their rightful heirs. In Kenya, this is guided by the Law of Succession Act (Cap 160), which recognizes two main types: Testate succession (when the deceased left a valid will) and Intestate succession (when no will exists or it is invalid).
In intestate cases, the law provides a clear order of priority — starting with the spouse and children, followed by parents, siblings, and other relatives. Where no family exists, the estate reverts to the government. Importantly, in polygamous families, inheritance is divided among “units” (each spouse + children).
This structure ensures fairness on paper, but in practice, it often leads to conflicts, delays, and disputes. That’s why understanding the basics is the first step in protecting family land.