The short answer is yes — daughters in Kenya inherit on the same terms as sons. The longer answer explains why, and how to enforce that right when families resist it.
What the Constitution says
Article 27 of the Constitution of Kenya, 2010 guarantees equality before the law and prohibits direct or indirect discrimination on the grounds of sex. Article 60(1)(f) extends the same principle to elimination of gender discrimination in laws, customs and practices related to land and property.
What the Law of Succession Act says
Sections 35–40 of the Law of Succession Act provide for equal distribution among the children of a deceased person, without distinction by sex. Customary rules that exclude daughters do not override the Act.
What the courts have decided
The High Court has consistently struck down customary exclusion of daughters — including the well-known re Estate of Lerionka Ole Ntutu and In re Estate of Andrew Manunzyu Musyoka decisions — confirming that daughters inherit equally from both parents.
What to do if your family refuses
Daughters who are denied their share can object to the petition for grant under Rule 17, apply for revocation of the grant under Section 76, or sue for a declaration of trust over land registered in a brother's or relative's name.
Citations & further reading
Frequently asked questions
Can married daughters still inherit from their parents?
Yes. Marriage does not extinguish inheritance rights. A married daughter is entitled to her share of her parents' estate on the same terms as her brothers.
What if customary law in our community excludes daughters?
The Constitution prevails. Section 3 of the Judicature Act subordinates customary law to written law and to the Constitution; discriminatory customs are unenforceable.
Related practice areas
This article is for general information only and does not constitute legal advice. Readers should obtain specific counsel on their particular matters.