WHO CAN OWN LAND IN KENYA?

Section 40 of the Constitution of Kenya stipulates that every person has right to own land of any description in any part of Kenya. The National Land policy 1.5.1 (7), (c), (d) put more emphasis on gender equity and land rights.

WHAT IS INTESTATE SUCCESSION?

This is when there is no will left by the deceased (intestate). In case the deceased left one surviving spouse and a child or children, the surviving spouse shall be entitled to:- • The personal and household effects of the deceased • The intestate property but cannot sell this intestate property as the spouse is holding it on behalf of the children. If the spouse remarries, he/she loses his/her entitlement to the intestate property. Where the deceased has left a surviving child or children but no spouse, the intestate property will be transferred to the surviving child or divided equally among the surviving children. Where the deceased left no surviving spouse or children, the intestate shall be transferred in this order of priority: • Father; or if dead, • Mother; or if dead • Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none • Half -brothers and half sisters, and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none • Distant relatives up to the sixth degree in equal shares. If the deceased is not survived by any of the above then the intestate property estate shall be taken up by the state

WHY BOTHER WITH SUCCESSION?

As an owner of a beneficial interest in the land property, you can be part of making decisions involving the property, including how it is used and developed, and get a share of any income that is distributed from the property..

WHAT IS TESTATE SUCCESSION?

Testate succession is where the deceased leaves a written or oral will. It is important to note that the deceased must have had the capacity (sound mind and off age) to make the will at the time of making the will. In other words, the deceased must have had the knowledge and approved the contents of the will.

About - Adval Properties Limited

Meet the Team Behind Adval Properties

Our team is made up of experienced and passionate professionals dedicated to helping you find the right property and make confident real estate decisions.

Abdikheir Dubo : Founder & CEO - Adval Properties

Adval Properties is guided by integrity, professionalism, and passion, anchored by a deep understanding of the real estate market. From free site visits to the smooth handover of ready individual title deeds, our promise is to walk with you every step of the way.

As we continue to grow, our focus remains steadfast: to empower individuals, families, and investors to secure their future through genuine, premium, yet affordable properties in prime strategic locations. What started as a vision to make land ownership simple and accessible has grown into a trusted real estate company serving clients across Kenya from our offices in Nairobi CBD, Eastleigh, Kitengela, Garissa, and Diani.

My advice to young entrepreneurs is to remain patient, work with integrity, and always put the client first. Success comes from understanding the needs of those you serve and staying committed to delivering value. Read More