Debate rages over women and property

By Harold Ayodo

Last week this column published the various options for women on property.

For those who missed the piece; married, widowed, divorced and single women have absolute rights over property registered under their names.

We received varied responses to the article and a section of male writers sent fiery emails arguing women — traditionally — have no property rights.

Eric Mokaya, a reader, was of the opinion that according to customs widows should not even inherit the property of their late husbands.

He further claims that divorced women should stroll back to their parental homes empty-handed despite their financial contribution in buying matrimonial property.

But even as Mokaya breathes fire, the new Constitution guarantees protection of right to property — irrespective of gender.

According to the Bill of Rights, every person is equal before the law and has the right to equal protection and benefit of the law.

For Emily Wairimu, a single woman who has two apartments in Kilimani, her concern is the fate of her investments upon death.

Unmarried and childless

?“I am 36 years old, never been married and do not have a child…what would happen to my hard earned investments registered in my name?” Wairimu asks.

Legally, women can write wills stating how their property should be managed upon death. Wills are not a preserve of men.

Alternatively, should a spinster without a child die intestate — without writing a will — the law provides for management or inheritance of her property.

According to the Law of Succession Act, Wairimu’s property shall devolve upon her blood relatives in order of priority.

Therefore, her father, mother, brothers, sisters or children of her deceased siblings will inherit the property in equal shares.

Next in line are her cousins or their children or any other blood relatives — up to the sixth degree — in equal shares.

In cases where a single propertied woman has no living blood relative then the property can be sold and proceeds paid into the Consolidated Fund.

For Jane, another reader writing from Kakamega, her concerns are the fate of property registered under the name of a married woman who passes away.

“Can her husband’s children from other women later come to claim a part of that property if he dies?” asks Jane.

Woman’s property

?Legally, when a woman invests in property and registered it in her name whilst married, it remains her personal property.

?She has the liberty of writing a will on how it should be divided to people of her choice when she dies. ??Children of her husband sired out of marriage would not claim the property when her husband dies, as he is not a registered owner.

?The best way to protect your property from children sired out of marriage is to register it in your name.  ?

Nancy Wanjiku, a single mother of two, sent an email seeking advice whether she could bequeath her children in lower primary school.

?“I have struggled single-handedly with my children and I cannot imagine them losing my investments when I’m gone,” Wanjiku writes. ?

Legally, Wanjiku can appoint a guardian to take over parental responsibility should she die before her children reach 18 years old. The guardian will not only administer the investments but also ensure that the two children get their rightful shares after turning 18.

The law considers that women could be single mothers — either by choice or broken relationships — and desire to transfer their property to their children, friends or relatives.

Recently, the High Court ordered a father —against the in laws — to inherit and administer the estate of her daughter who died a widow.

Lady Justice Martha Koome issued the verdict in the matter of the estate of Beatrice Amalemba where the widow died childless.

Moreover, the Court of Appeal and High Court have recently delivered judgements considering the rights of married women even if they are not registered as property owners.

The writer is an Advocate of the High Court of Kenya.