Equality under the Succession Act Cap 160

Abstract

The revised Succession Act has done a good job in trying to harmonize the customary succession laws, with that of the current succession laws, however quite a number of gaps have been left out and in particular with regard to equality in the laws. This will be my focus throughout my paper, I will show the specific laws that are contradictory to the equality provision upheld by article 27 of the Constitution of Kenya, article 1 of the UDHR among others. This thesis urges the society to depart from such laws that are discriminatory on the basis of gender or race etc. and takes qualitative kind of research methodology to show the dangers of inequality in the law