Amend succession law, 23 urge House

A group of Kenyans has petitioned Parliament, seeking a review of Kenya's succession laws.

The petitioners want the National Assembly to amend the Law of Succession Act to introduce stricter timelines for resolving inheritance disputes, simplify probate procedures and provide alternative mechanisms for settling family disagreements outside court.

“The petitioners state that succession procedures under the current legal framework are complex, costly and inaccessible to ordinary citizens,” National Assembly Speaker Moses Wetang’ula informed MPs on Wednesday.

The petition was filed by former Taita Taveta Governor John Mruttu and 22 other petitioners.

The petitioners say current legal framework has left thousands of families unable to access inherited property for decades.

They say lengthy court processes, family disputes and procedural bottlenecks have resulted in many estates remaining undistributed long after the death of property owners, denying beneficiaries their rightful inheritance.

This leads to economic hardship for dependents and leaves valuable assets idle, they argue.

The petitioners say a substantial proportion of productive assets, particularly land, remain locked in the names of deceased persons because families are unable to complete succession proceedings.

They argue that reforms would help reduce the backlog of succession cases and ensure beneficiaries access inherited property within a reasonable period.

The petitioners argue that the process involves multiple stages, including court filings, gazettement, legal representation, valuation and land registry procedures, all of which create barriers for many families seeking to transfer ownership of estates.

They further contend that delays in succession have broader economic consequences, including limiting access to credit, reducing agricultural productivity and slowing investment.

The petition notes that assets tied up in unresolved inheritance cases cannot easily be used as collateral for loans, transferred to beneficiaries or developed for productive purposes.

This, the petitioners say, has contributed to increased land disputes, pressure on the Judiciary and inefficiencies in property markets.

While acknowledging that succession is primarily governed by the Law of Succession Act, the petitioners argue that the existing legal and administrative framework has failed to provide affordable, timely and accessible services to ordinary Kenyans.

They cited international best practices, saying countries that have adopted simplified succession procedures, administrative settlement mechanisms, decentralised probate services and digital systems have recorded better outcomes, while protecting the rights of beneficiaries.

The petitioners are now urging Parliament to initiate a review of the Law of Succession Act to introduce simplified procedures for small estates and allow administrative settlement of uncontested inheritance cases.

They are also seeking the expansion and decentralisation of probate services across the country to make them more accessible to citizens outside major urban centres.

In addition, the petition calls for a review and rationalisation of costs associated with succession proceedings, greater digitisation and integration of succession, civil registration and land administration systems, as well as stronger mediation and alternative dispute resolution mechanisms.

Speaker Wetang’ula said he had determined that the matters raised in the petition fall within the mandate of the National Assembly and consequently referred it to the Public Petitions Committee for consideration.

The committee chaired by Runyenjes MP Muchangi Karemba is expected to investigate the issues raised and submit its findings and recommendations to both the House and the petitioners in line with parliamentary procedures.

The report, if adopted, could significantly change the way inheritance matters are handled in the country.

It could also go along way in unlocking billions of shillings worth of land and other assets that have remained tied up in unresolved succession cases for decades.