The Nyeri High Court has ruled that stepchildren wishing to inherit the property of their non-biological father should prove that the father had freely offered permanent parental responsibilities.
In a ruling by Justice Teresiah Matheka, she noted that the succession law recognises a man who takes in a child that is not biologically his but this acceptance does not guarantee them inheritance unless there is an adoption order.
The judge made the ruling following one Paul Wachira's case, a man who was seeking to inherit the property of his late stepfather.
Wachira wanted to be listed as a dependant in his father's property, Samuel Maina Mbora, who had married his mother for 10 years.
The court heard that his late mother, Christine Muthoni, had been married to Mbora, who was supposed to be viewed as a beneficiary under section 2 of the Laws of Succession Act.
The judge indicated Paul produced a document dated 3rd February 2004 that indicates that his mother was appointed next of kin by the deceased.
However, by the date of that document, both Paul’s mother and the deceased (the father) were both dead and
Paul did not attach the nomination card to show when this appointment took place.
However, the judge cited that Wachira had failed to prove the status of a son, as he had admitted he was not the deceased's biological child.
The property in the 15-year succession dispute includes a parcel of land in Laikipia, an amount of money in a bank and his personal effects.
Judge Matheka added that it is upon the stepchild to prove that the stepfather took him or her as his own child.
"Of course the law of succession recognises that a man could take in a child who was not his biological issue and accept him or her as his own child. That, however, would not turn that child into a son or daughter but into a beneficiary to the estate, unless there is an adoption order.
"Where that status is contested like in this case, it is upon Paul, the one asserting the same to prove that the deceased indeed took him in as his own child," the court ruled.
