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Kenyan widowers celebrate win as Court Declares Key Succession Law Unconstitutional over Gender bias

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BY OLIVIA MUNGWANA

Kenya’s High Court has invalidated a controversial provision in the Law of Succession Act that unfairly required widowers to prove financial dependence on their deceased wives in order to inherit property. The landmark ruling, delivered by Justice Lawrence Mugambi, declared Section 29(c) of the Act unconstitutional for violating the principles of equality and non-discrimination as enshrined in Kenya’s 2010 Constitution.

The case was brought by a judicial officer identified as DKM, following the death of his wife, CWN, in July 2023. DKM challenged the constitutionality of the provision, arguing that it placed an unjust burden on men that women did not face in similar situations. Under the now-nullified clause, a widower had to prove that he was financially supported by his late wife to be recognized as a “dependant,” whereas widows were automatically presumed to be dependants without any need for such evidence.

Justice Mugambi, in his decision, emphasized that the section failed the constitutional test of equality, referencing Article 27(4), which prohibits discrimination on the basis of sex, and Article 45(3), which affirms equal rights in marriage. He stated, “A requirement for proof of dependency that applies only to one gender is inherently discriminatory and cannot stand in the face of constitutional guarantees.”

The ruling not only addressed the immediate issue in DKM’s petition but also cast a wider spotlight on the entrenched gender biases in Kenyan succession and family law. As Section 29 defines the classes of dependants in intestate succession, paragraph (a) had long assumed widows are dependants without proof, while paragraph (c) required widowers to justify their claim. Mugambi made clear that such unequal treatment has no place in modern constitutional interpretation.

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DKM’s legal counsel, Advocate Shadrack Wambui, argued that the outdated provision reflected a time when legal frameworks failed to treat spouses equitably. The judge concurred, noting that the Law of Succession Act, which dates back to 1981, must be reinterpreted in light of the constitutional values introduced in the 2010 Constitution. This aligns with the judiciary’s evolving approach, prioritizing constitutional compliance in statutes enacted prior to the current legal framework.

Court documents reveal that DKM and his late wife were married under Embu customary law in 2002 and had two children. Though the couple had lived apart since 2022, DKM described their relationship as respectful. After CWN’s sudden death, DKM was reportedly excluded from funeral arrangements and was disheartened to learn that she had been buried in Meru County, despite his request for burial in Embu.

Highlighting the added emotional strain, DKM noted that he faced the possibility of being denied inheritance unless he could prove financial dependency—something not required of widows. Legal observers say this reflects broader systemic inequality in Kenya’s legal treatment of surviving spouses.

The High Court’s decision marks a critical step toward gender parity in Kenyan family law, challenging assumptions that women are inherently more financially dependent in marital relationships. Analysts believe this precedent may influence future reforms across various statutes affecting spousal rights and succession.

The ruling also reinforces the importance of interpreting older laws through a constitutional lens, ensuring alignment with contemporary values and international human rights standards. For more on constitutional equality in Kenya, visit Kenya Law or consult the full Kenyan Constitution.

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This case illustrates how the courts continue to play a transformative role in correcting legal imbalances and promoting justice in Kenya’s evolving legal system.

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Thank You Note From Mr Njau Waira’s Family

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Dear Family and Friends,

We wish to express our deepest and most sincere gratitude for your overwhelming support throughout this difficult journey of laying to rest our beloved Njau Waira.

Thank you for your financial and material contributions, prayers, calls, messages, and, most importantly, your presence during the funeral arrangements, the wake, the memorial and the finally the burial. Your generosity and commitment made it possible for us to meet our target and give Njau the befitting send-off he deserved.

We are truly humbled and grateful for standing with the family every step of the way.

Your love,❤️ support, kindness and presence will forever be remembered.

May God bless you all abundantly and meet you at the point of need, an ever present help in time of trouble. 🙏🏼🙏🏼🙏🏼🙏🏼🙏🏼

From Waira Family.

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U.S. Delays 2027 Green Card Lottery Registration as New Rules Add Costs and Passport Requirement

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U.S. Delays 2027 Green Card Lottery Registration as New Rules Add Costs and Passport Requirement

WASHINGTON D.C. — Prospective immigrants from Kenya and other eligible African countries are facing an uncertain wait for the next U.S. Diversity Visa lottery after the Department of State delayed the opening of the 2027 registration period and introduced new requirements for applicants.

The State Department has not yet announced the opening or closing dates for DV-2027 registration. It said in November 2025 that it was making changes to the entry process and would announce the registration date “as soon as practicable.” The department also said the delay would not change the visa application period for people selected in the program, which is scheduled to run from October 1, 2026, through September 30, 2027.

State Department: Changes to the DV-2027 Entry Period

That means reports that the DV-2027 registration window has already been shortened should be treated with caution. No official registration duration has been published by the State Department as of September 29, 2026.

The delay comes as the department implements two significant changes: a $1 registration fee and a new requirement that most applicants provide information from a valid, unexpired passport and upload a scan of the passport’s biographical and signature page.

New $1 fee for lottery registration

A State Department final rule published in September 2025 established a $1 fee for registering for the Diversity Visa lottery. The department said the charge is intended to shift some of the costs of operating the lottery—including maintaining the electronic entry system, storing data, conducting the randomized selection process and performing security reviews—to people entering the lottery.

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Federal Register: Diversity Visa Program Fee

The fee is separate from the visa application fee paid later by people who are selected and proceed with the immigration process.

The department’s subsequent Diversity Visa rule makes clear that the $1 fee will be collected when an entrant submits the lottery registration. No waiver is provided for the registration fee.

Federal Register: DV-2027 Passport Requirement and Entry Changes

Applicants should therefore be cautious about websites or agents claiming to offer an official DV-2027 registration before the State Department announces the registration period. The department’s official Diversity Visa entry instructions state that entries must be submitted electronically during the designated period and that there is only one permitted entry per person.

Passport requirement creates a new hurdle

The more consequential change for many prospective applicants is the passport requirement.

Under a final rule implementing changes for DV-2027, applicants generally must provide information from a valid, unexpired passport and upload a scan of its biographical and signature page when registering. The State Department said the requirement is intended to combat fraudulent and duplicate entries and allow earlier identity verification.

Federal Register: DV-2027 Passport Requirement and Entry Changes

The department acknowledged that obtaining a passport can present financial and logistical difficulties, particularly in countries where passport processing is slow or services are difficult to access.

Its regulatory analysis estimated that obtaining and supplying the passport information would add time and costs for applicants. The department estimated the average passport cost across eligible countries at $74.43, while also noting that actual costs and additional expenses vary by country.

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The rule contains limited exemptions, including certain stateless applicants, some nationals of Communist-controlled countries who cannot obtain passports from their governments, and people covered by specified government-approved waivers. Applicants seeking an exemption must provide supporting evidence.

The State Department has said the passport rule will apply globally rather than specifically targeting African applicants. It nevertheless acknowledged that people without passports could be deterred from entering the program.

Kenya remains an eligible country

Kenyan-born applicants have been among the beneficiaries of the Diversity Visa program in recent years.

Kenya was listed among the African countries eligible for DV-2026, while Nigeria was among the countries excluded from that year’s program because of the statutory high-admission formula.

State Department: DV-2026 Instructions

The State Department selected 3,949 Kenyan entrants for DV-2026. The figure includes selected entrants and their eligible derivatives and does not mean that all of those people ultimately received visas.

State Department: DV-2026 Selected Entrants

Other African countries also recorded substantial numbers of DV-2026 selectees, including Ethiopia, Egypt, Cameroon, Morocco, Sudan, the Democratic Republic of Congo and Ghana.

Eligibility for DV-2027, however, must be confirmed against the official instructions when they are issued. A country’s eligibility can change from one program year to another under the statutory formula.

What applicants should expect

For now, the most important fact for prospective DV-2027 applicants is that there is no confirmed registration deadline to work toward.

The State Department has said it will publish the registration dates and the date on which DV-2027 selection results will become available through the Electronic Diversity Visa system.

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State Department: Changes to the DV-2027 Entry Period

Once registration opens, applicants will have to comply with the new requirements, including the $1 payment and, in most cases, submission of valid passport information and a passport scan.

The official State Department DV entry guidance remains the appropriate source for registration instructions. The department says the registration system does not become active until the officially specified date and warns applicants to retain their confirmation number after submitting an entry.

The Federal Register rule on passport requirements provides the legal details of the new DV-2027 entry requirements, while the State Department’s DV-2027 announcement is the authoritative source for the delayed registration schedule.

A separate issue for current DV applicants

The DV-2027 delay is occurring alongside continuing uncertainty for people selected in the previous lottery.

In August 2026, the State Department announced that it was again pausing issuance of Diversity Visas while reviewing screening and vetting procedures. The department said applicants could continue submitting applications and attending interviews, but that no Diversity Visas would be issued while the pause was in effect.

State Department: Diversity Visa Issuance Guidance

That development concerns DV-2026 selectees, rather than people waiting to register for DV-2027, and should not be conflated with the delayed registration schedule.

For prospective applicants in Kenya and elsewhere in Africa, the immediate task is therefore preparation rather than rushing to meet an unannounced deadline. The registration dates, eligible-country list and complete DV-2027 instructions must come from the State Department before applicants can know the precise requirements and timeframe.

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Kenyan Senator Denies Link to Viral Underwear Saga as Kirinyaga Political Row Escalates

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KIRINYAGA, Kenya — Kirinyaga Senator James Kamau Murango has denied any involvement in a viral controversy surrounding women’s underwear bearing his name and the branding of the National Government Affirmative Action Fund (NGAAF).

The controversy gained momentum this week after photographs and videos of the items circulated widely on social media, with some reports linking the merchandise to Murango’s political activities.

Murango has, however, rejected the claims, saying he neither authorised nor participated in the production, purchase or distribution of the items.

According to The Star, the senator’s lawyers, Sakimpa & Partners Advocates, issued a demand for corrections and retractions from media outlets that linked him to the merchandise.

The lawyers said Murango did not print, procure, purchase, supply or distribute the underwear and had not authorised the use of his name or NGAAF branding.

The legal response followed the circulation of videos and photographs that sparked intense discussion online and in Kirinyaga.

Njeri Maina Also Distances Herself

Kirinyaga Woman Representative Njeri Maina has also denied involvement in the distribution of the controversial items.

Maina has called for people allegedly using the names of political leaders without authorisation to be reported to the police.

In a report published on September 27, The Star reported that Maina urged residents to report individuals distributing items while claiming they originated from political leaders’ offices.

The controversy has also drawn attention to the use of NGAAF branding. The fund is associated with the office of the Woman Representative, making the appearance of the branding on the merchandise another point of contention.

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At this stage, public reports have not established who commissioned or distributed the underwear.

Controversy Comes Ahead of 2027

The dispute comes as political activity in Kirinyaga begins to intensify ahead of the 2027 General Election.

Murango is positioning himself for the Kirinyaga gubernatorial contest, with the political landscape in the county expected to become increasingly competitive following Governor Anne Waiguru’s decision not to seek another term.

The Star reported earlier this month that Waiguru’s planned exit has opened the field for politicians seeking to succeed her.

The underwear controversy has consequently generated additional political attention, particularly because Murango’s name appears on the merchandise.

However, the senator’s denial means that the circumstances surrounding the production and distribution of the items remain disputed.

For now, Murango maintains that he had no role in the campaign merchandise and has threatened further legal and regulatory action against publications that continue to associate him with the items.

The unfolding dispute is likely to remain a talking point in Kirinyaga as political campaigns and public mobilisation gather pace ahead of the 2027 elections.

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