Can a child be denied inheritance for being a girl or born outside marriage?
Children Act 2022, Law of Succession Act and Constitution of Kenya · sources read 4 Oct 2026
No. Every child has the right to inherit under the Law of Succession Act, and no one may disinherit a child because of sex, birth or any other status; doing so is an offence punishable by up to 2 years in jail, a fine of up to KSh 5 million, or both. A child born outside marriage inherits from the mother, and from the father if he recognised or accepted the child or took on permanent responsibility for the child.
- Deadline
- Objections to an application for a grant: within 30 days of the Kenya Gazette notice.
- Where
- The succession (probate and administration) registry of the magistrate's court or High Court handling the estate
Steps
- If someone applies to court to manage the estate and leaves a child out, an objection can be filed within 30 days after the application is published in the Kenya Gazette.
- A child of the deceased counts as a dependant and can apply to the court for reasonable provision out of the estate if the will or the sharing leaves them out.
- A child who was deprived of inheritance is entitled to get the property back, and a next friend or any other person can bring the case on the child's behalf.
Watch out
- Disinheriting a child or taking property the child is entitled to is a crime: up to 2 years in jail, a fine of up to KSh 5 million, or both.
- The Law of Succession Act makes no difference between sons and daughters, whether the daughter is married or not.
- The Constitution bans discrimination on grounds including sex, marital status and birth.
Who this covers
- Every child, son or daughter, born within or outside marriage.
- A child born outside marriage counts as the father's child if he recognised or accepted the child as his own, or voluntarily took on permanent responsibility for the child.
Official sources (5)
- The Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement childrenservices.go.ke · read 4 Oct 2026
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 3 Oct 2026
- Magistrate Courts judiciary.go.ke · read 3 Oct 2026