(who held a Kenyan ID) left a will, Shauku would be able to have the land transferred
to him through the legal process. 218 However, as he does not hold a Kenyan ID Shauku
would not be able to deal─that is, sell, sub-divide, transfer, lease, mortgage, exchange,
partition or dispose of the land in any other way 219 ─in the land, unless he successfully
petitions the president for an exemption. As of now, if the land is transferred to his
name via inheritance, he would only be able to transmit it to a third party under the
terms of the Kenyan Law of Succession Act.
stateless persons is ‘women can not inherit their husbands’ property’. Interview with Thomas, Western Province, 16 September 2009.
218
Section 5 of the Law of Succession Act outlines the procedures to be followed.
219
See section 6 of the Land Control Act.
37
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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