Intestate Succession in Kenya, Uganda, and Tanzania: The Role of Customary Laws and the Influence of Colonialism

Abstract

This study delves into the Intestate Succession in Kenya, Uganda, and Tanzania, explicitly focusing on the Role of Customary Laws and the Influence of Colonialism. It aims to understand the intestate succession laws in these East African countries and analyse how the colonial legal system has impacted customary inheritance patterns, particularly concerning gender and property rights. Various research methods are employed, including examining relevant legal frameworks. This investigation sheds light on the tensions and conflicts arising from the intersection of customary and colonial legal systems, providing insights into the ongoing significance and evolution of succession matters in the postcolonial era. The findings of this study hold significant implications for policymakers, legal practitioners, and researchers in the field of customary law, especially concerning the protection of women's rights and the preservation of cultural heritage. The thesis is organised into seven chapters, each serving a distinct purpose. Chapter 1 serves as an introduction, outlining the research topic and providing an overview of the organisation of the study, including a statement of the problem, legal framework, research methodology, and chapter summary. Chapter 2 defines general terms and concepts in the customary law of intestate succession, laying the groundwork for the subsequent

country-specific investigations. Chapter 3 delves into the Historical Impact of British Rule and the Development, Key Features, and Milestones in the Customary Succession Legal System of Kenya, Uganda, and Tanzania. Chapters 4, 5, and 6 examine the recognition, application, and development of the customary law of intestate succession in Kenya, Uganda, and Tanzania. Finally, Chapter 7 brings the thesis to a meaningful conclusion by critiquing the approaches taken by the three countries in dealing with customary intestate succession and women's rights within this legal framework. It also presents recommendations for enhancing women's rights in this discriminatory field of law.