Discover Your Perfect
Land in Kenya

Under Kenyan law, every person has the constitutional right to own land anywhere in the country. Article 40 of the Constitution guarantees this right to all citizens, regardless of gender or background. The National Land Policy further reinforces this by promoting gender equity and equal land rights for all.

Intestate succession occurs when a person passes away without leaving a valid will. In such cases, the law prescribes a clear order of inheritance: • If the deceased left a surviving spouse and children, the spouse holds the property on behalf of the children and cannot sell it. • If the spouse remarries, they lose their entitlement to the intestate property. • If there is no spouse but surviving children, the property is divided equally among the children. • If there is no spouse or children, the property passes to the father, then mother, then siblings, then half-siblings, then distant relatives up to the sixth degree. • If no relatives are found, the estate is taken up by the State. Understanding intestate succession helps families protect their legacy and avoid disputes.

As a landowner, succession gives you: • A voice in decisions about how your property is used and developed. • A share of any income generated from the property. • The power to protect your family's future by ensuring a smooth transfer of assets. Planning ahead ensures your land remains in your family's hands and is managed according to your wishes. It also prevents legal disputes and delays that can arise when there is no clear plan.

Testate succession occurs when the deceased leaves a valid written or oral will. For the will to be legally binding, the deceased must have been: • Of sound mind at the time of writing. • Of legal age (18 years or older). • Fully aware of and in agreement with the contents of the will. A valid will gives you complete control over who inherits your property and how it is distributed. It ensures your legacy is passed on exactly as you intend.

Waraka Homes simplifies the land ownership journey by: • Providing ready title deeds – no lengthy processing delays. • Ensuring all properties are legally compliant and transferable. • Offering clear guidance on succession and documentation. • Supporting you through the entire process, from plot selection to title transfer. Our team of real estate experts is here to answer your questions and ensure your investment is secure for generations to come.