Lawyer Omari explains Why You Can’t Sell Ancestral Land Without Your Children’s Consent

The Supreme Court of Kenya has clarified one of the most emotional and controversial family disputes in Kenya: can a parent sell ancestral land without involving their children? In this detailed legal explainer, lawyer Danstan Omari breaks down a landmark Supreme Court ruling that established that ancestral land inherited from parents or grandparents may be held under a “customary trust” for the benefit of children. The court explained that such land cannot simply be disposed of at the sole discretion of the registered owner if the rights of family members are affected. The explainer further reveals that daughters and sons have equal inheritance rights regardless of marital status, employment, or where they live. Drawing from key cases including Rono v Rono, the discussion highlights how Kenyan courts are protecting family inheritance rights while distinguishing ancestral land from property personally purchased by a parent. The video also explains the legal conditions required to prove a customary trust and why many disputes over family land continue to end up in court.