Friday, June 20, 2025 - In a groundbreaking decision for gender equality, the High Court of Kenya has declared Section 29(c) of the Law of Succession Act unconstitutional.
This section required husbands to prove dependency on their
deceased wives in order to inherit, a burden not placed on widows.
Justice Lawrence Mugambi ruled the provision discriminatory,
violating the Constitution’s guarantees of equality and non-discrimination.
The case was brought by a man who had been married to the
late Caroline Wawira Njagi under Kiembu Customary Law since 2002.
Despite separating in 2022, they remained close and
co-parented their children.
When Wawira passed away in 2023, her partner excluded the
petitioner from burial arrangements, sparking a legal battle.
He was later granted burial rights through the Mavoko Law
Courts.
But his fight didn’t stop there. With the help of his legal
team, he challenged Section 29(c), arguing it unfairly disadvantaged men.
Justice Mugambi agreed, stating that requiring only men to
prove dependency "undermines the constitutional principle of equality,
particularly in a marital setting."
While the Attorney General tried to deflect responsibility,
arguing that legislative reform rests with Parliament, the court emphasized
that outdated laws must align with the 2010 Constitution.
Although the judge declined to force Parliament to act, he
issued a powerful declaratory order: Section 29(c) is unconstitutional, null,
and void.
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