ADVOKS GLOBAL · KENYA
Children Act
17. Right to inheritance
Edition: 2022-12-31 · In force
17. Right to inheritance
(1)Every child shall have the right to inherit property in accordance with the Law of Succession Act (Cap. 160).(2)Subject to the Law of Succession Act (Cap. 160)—(a)every child shall be entitled to equal treatment and protection, and to the benefit of the law; and(b)no person shall disinherit or cause a child to be disinherited on any grounds, including age, origin, sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political, economic or other status, race, disability, tribe, residence or local connection.(3)A person who contravenes subsection (2) or otherwise deprives a child of any property or benefit accruing to the child under or by virtue of the law relating to inheritance commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five million shillings, or to both.(4)In addition to the penal sanctions prescribed in subsection (3), the child shall be entitled to full restitution or the property of benefit accruing to the child.(5)The provisions of subsections (3) and (4) shall apply without prejudice to the provisions of section 45 of the Law of Succession Act (Cap. 160).(6)The action contemplated in subsection (4) may be brought by a duly constituted next friend or by any other person in accordance with Article 22 of the Constitution.