Law of Succession Act
43. Presumption of survivorship
43. Presumption of survivorship
Where two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, the deaths shall, for all purposes of this Act, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder:Provided that, in the case of spouses who died in those circumstances, the spouses shall be presumed to have died simultaneously.Source: Kenya Law