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Three sisters win right to inherit parent's land

By Lydiah Nyawira | May 30th 2019 | 2 min read

The court has ordered that three sisters get an equal share of their mother’s Sh80 million estate with their two brothers.

Justice Teresiah Matheka directed Mr Francis Wambugu and Mr Sammy Mathangani to ensure the estate of their late mother Esther Wangui Kamuhia is divided equally among all five children.

Bance Wangechi Wachira, Mary Wanjiku Kahu and Rose Waigumo Ndeere will now get a share of the estate which comprises prime land measuring over ten acres registered as Aguthi/Gatitu/2994, located along the Nyeri-Karatina road.

In their objection, the brothers wanted the estate shared equally between the two of them on the grounds that it was the wish of their mother in her will dated January 2, 2010.

But the sisters filed an affidavit insisting that the estate be shared equally among the five siblings.

They cited minutes of a meeting held on September 28, 2008 where their mother was recorded as having stated that all her property belonged to all her children, both male and female.

The two brothers had argued that their sisters were all married with their own homes and properties, and were not entitled to inherit their mother’s property.

They added that their mother had on January 2, 2010 called elders and told them that her land was to be shared equally between her two sons.

While dismissing the two brothers’ arguments, Justice Matheka said no child was superior to the other in sharing inheritance.

“The Law of Succession Act does not know sex/gender. It knows the deceased’s child. The parcel of land belonged to the mother of all the parties herein. None of them has a superior right of inheritance,” the court ruled.

"By taking it all the sons will turn it to their own private property with no access to the daughters.  The fact of their marriages per se does not change the fact that the protesters are children of the deceased,” ruled Justice Matheka.

On the document produced by the two brothers claiming that their mother wanted the estate shared between them only, the court ruled it cannot be deemed to be a will.

“It only came out during the hearing of the protest. Each party is putting forward the evidence that suits their position. Well, that leaves the court to fall back on the law,” said Justice Matheka.

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