KISUMU CONSTITUTIONAL REF No. 11 of 2012 FIDA KENYA & ANO. VS- AG & ANOTHER

The Petitioners were seeking among other orders declaration that the practice of widow eviction and various sections of the Law of Succession Act (LOS Act) CAP 160 as unconstitutional. The judgment on this case failed to consider the plight of widows and give orders that advance women’s rights to property inheritance as provided for under the Constitution of Kenya 2010. The judge in overlooking the evidence held that the 1st Petitioner was not affected by referred sections of the LOS Act and on matters touching on constitutionality of certain provisions of the Law of Succession Act; an Advisory Opinion under Article 163 (6) of the Constitution would be the right procedure. No orders were made relating to the general practice of widow eviction and six other prayers sought aimed at protecting the rights of widows in Kenya.

An appeal on the matter is ongoing.

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