Can a widow be forced to be inherited or to remarry in the family?
Marriage Act and Protection Against Domestic Violence Act · sources read 3 Oct 2026
No. The Marriage Act says a widow or widower may remarry or may choose not to remarry, and forced wife inheritance and widow cleansing count as domestic violence, so you can ask a magistrate's court for a protection order.
- Where
- Police station to report; magistrate's court for a protection order
Steps
- Report to the police. They must tell you what help is available, such as shelter and medical care, and how to apply for a protection order or lodge a criminal complaint.
- Apply to the magistrate's court for a protection order against the family member or relative involved.
- Anyone who suspects this is happening, such as a neighbour or a relative, can tell the police or another person in authority.
Watch out
- Widow cleansing is also listed as domestic violence, not only forced inheritance.
- Interference from in-laws is listed as domestic violence too.
- The same conduct can also be dealt with as a crime under other laws.
Who this covers
- Widows and widowers: each may remarry or choose not to.
- Anyone abused by a family member, including in-laws such as a father-in-law or mother-in-law.
Official sources (2)
- Marriage Act, No. 4 of 2014 (Cap. 150) new.kenyalaw.org · read 3 Oct 2026
- Protection Against Domestic Violence Act, No. 2 of 2015 (as gazetted) probation.go.ke · read 3 Oct 2026