The High Court has declared Section 29(c) of the Law of Succession Act unconstitutional, citing gender-based discrimination against widowers. High Court Strikes Down Section 29(c) of Succession Act as Gender Discrimination Nairobi, June 20, 2025 – In a landmark ruling, the High Court has declared Section 29(c) of Kenya’s Law of Succession Act unconstitutional, finding that the provision discriminates against widowers and violates the Constitution’s equality clause. 🔍 What the Court Decided Section 29(c) previously treated a husband of a deceased woman as a “dependant” only if he was being maintained by the wife immediately before her death – a requirement not imposed on widows . The Court held this unequal treatment amounted to unjustifiable discrimination based on gender and marital status, contrary to Article 27 of the Constitution. Justice Edward Muriithi emphasized that requiring proof of dependence from a widower is arbitrary and that the provision “arbitrarily deprive[s] him of property he is otherwise entitled to” . 📜 Constitutional Grounds The basis of the ruling lies in Article 27, which prohibits both direct and indirect discrimination on grounds such as sex or marital status. The Court found that Section 29(c)’s dependence condition for widowers but not widows violated this constitutional mandate . 🏛 Broader Implications The High Court’s decision forms part of a growing judicial movement to address gender bias in succession laws. Earlier this year, other sections of the Succession Act—governing life interests of widows and parental preference in intestacy—have also been challenged and struck down for discriminating against women . Advocacy groups and legal experts have long pointed out that despite the enactment of the Law of Succession (Amendment) Act 2021, most proposed reforms tackling gender bias have yet to be implemented, leaving courts to push the law toward constitutional compliance . 📣 Voices from the Courtroom According to reports, one petitioner highlighted the emotional burden placed on widowers, stating: > “The saddening state of affairs … the petitioner … will have to prove dependence on the deceased if he is to be considered as a dependent” . 👥 What Happens Next The Court has directed that Section 29(c) be interpreted in line with the Constitution, effectively removing the dependence requirement for widowers. Parliament may now need to amend the Statute to ensure clarity and full compliance with constitutional gender equality protections .