28/08/2026
Who Gets the cut?
Legal definition of a Dependent in Kenyan Succession Law
Section 29 of the Law of Succession Act provides that a dependent is one who is; the wife or wives, or former wife or wives, and the children of the deceased, The parents, step-parents, grandparents, grandchildren, step-children, children whom the deceased had taken into his family as his own, brothers and sisters, and half-brothers and half-sisters, as were being maintained by the deceased immediately before his death; and Where the deceased was a woman, her husband if he was being maintained by her immediately before the date of her death.
The case of Beatrice Ciamutua Rugamba v Fredrick Nkari Mutegi & 5 others provides that “a dependent under section 29 (b) and (c) must prove that he or she was being maintained by the deceased immediately before his demise rather than relying merely on the existence of a
relationship.
If a valid dependant under Section 29 is left out of a will or receives nothing from an intestate
distribution, Section 26 of the Law of Succession Act provides an avenue for the court to hear them via an application. The court will then review the application and using its discretion, order that a reasonable provision be given for them. This decision will be based on: The financial needs and age of the dependant, the overall size and value of the deceased's estate, and whether the deceased in Testacy has a reason for leaving them out.
