Is family land in some counties inherited by custom?
Law of Succession Act · sources read 4 Oct 2026
Yes. When someone dies without a will, the Succession Act's sharing rules do not cover agricultural land, crops and livestock in West Pokot, Wajir, Turkana, Garissa, Marsabit, Tana River, Samburu, Lamu, Isiolo, Kajiado, Mandera and Narok. That property passes under the law or custom of the deceased's community.
- Where
- Family and community elders; the magistrate's court where the deceased lived or was buried, or the High Court
Steps
- Families can settle the sharing through elders or other traditional dispute resolution, which the Constitution promotes.
- If there is a dispute, a magistrate's court where the deceased lived or was buried can hear the succession case, within its money limit; larger estates go to the High Court.
Watch out
- Only agricultural land, crops and livestock are excluded. Other property, such as money, follows the normal Succession Act rules.
- Traditional dispute resolution cannot be used in a way that breaks the Bill of Rights.
- Any law, including customary law, that goes against the Constitution is void to that extent, and the Constitution calls for an end to gender discrimination in customs on land.
- In 2022 the High Court refused to strike down sections 32 and 33, saying no evidence had been given of discrimination against women under the customs in those areas. The exclusion still stands.
Who this covers
- Agricultural land and its crops, and livestock, in the 12 areas the Act lists.
- Only where the person died without a will.
Official sources (4)
- 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
- Ripples International v Attorney General & another; FIDA (Interested Party) (Constitutional Petition E017 of 2021) [2022] KEHC 13210 (KLR) (29 September 2022) new.kenyalaw.org · read 4 Oct 2026