Lawmakers are set to consider a petition seeking reforms to Kenya’s inheritance laws in a move aimed at reducing delays in succession cases and unlocking billions of shillings tied up in unadministered estates.
The petition, filed by former Taita Taveta Governor John Mruttu and 22 others, argues that lengthy succession processes prevent productive assets, particularly land, from being transferred to beneficiaries and put to economic use.
According to the petitioners, inheritance disputes and court processes can take between 20 and 40 years to conclude, leaving properties registered in the names of deceased persons for decades.
They say the delays have turned large amounts of land and other assets into “dead capital,” limiting their use as collateral for loans, investment, and agricultural development.
“The succession process remains complex, costly, and largely inaccessible to ordinary citizens under the current framework,” the petition states.
The petitioners argue that the current legal framework under the Law of Succession Act is outdated and contributes to delays through numerous procedural requirements, including court filings, property valuations, gazette notices, and approvals from multiple registries.
They further contend that slow estate administration has wider economic consequences, including reduced access to credit, increased family disputes over property, and a growing backlog of cases in the courts.
The petition proposes several reforms, including simplified succession procedures for small estates, broader use of administrative mechanisms for uncontested cases, and the full digitization of succession processes.
It also calls for better integration of civil registration systems with land and property records to improve efficiency and transparency.
If adopted, the proposals could significantly reduce the time required to transfer assets to beneficiaries and increase the flow of property into productive economic activities.
The petition will now be considered by Parliament, which may refer it to the relevant committee for review and recommendations before any legislative amendments are proposed.
