By Reuben Olita -Busia
Under Kenyan law, land owned by a deceased person can only be transferred through a lawful succession process governed by the Law of Succession Act.
Key legal requirements include:
Identification of all beneficiaries: All surviving spouses, children, and dependants must be disclosed and involved.
Consent: Beneficiaries must give informed consent before land is transferred or sold.
Role of local administrators: Chiefs and assistant chiefs may issue introductory letters but can’t determine ownership or beneficiaries.
Sale before confirmation: Selling estate property before confirmation of grant is generally illegal unless authorised by the court.
Protection of dependants: Courts are required to consider the interests of minors, elderly dependants, and occupants.
Graves and ancestral occupation: While graves alone do not confer ownership, courts may consider historical occupation and cultural factors when determining equitable relief.
If a succession process is proven to have excluded beneficiaries or relied on false information, courts have powers to revoke grants, cancel titles, or order fresh succession proceedings.
