Bukusu elders from Trans Nzoia have said they will defy a court ruling that gives married women a right to inherit properties of their fathers.
Cultural Chairman Peter Masinde said the ruling goes against the customs of the community.
He said there were no consultations between the judiciary and the communities before delivering the ruling.
Early this month, a court ruling said that married women qualify to inherit properties of their fathers and should not be excluded during distribution.
The ruling was made by the Environment and Land Court in Nyeri, and stopped a woman from disinheriting her step-daughters.
Justice Lucy Waithaka held that married daughters are also entitled to inherit their father’s estate, contrary to customary law and many traditions in the country.
Masinde said such cases should be handled by traditional courts such as the one the community is planning to establish in Kitale town.
The Bukusu elders have initiated plans to set up a traditional court to arbitrate over their cultural disputes.
The court premises will be established on a piece of land offered by the management of the Kitale Museum with the county government of Trans Nzoia expected to meet the construction cost.
The elder’s council has requested for sh.2.4 million from the county government of Trans Nzoia for the project through the Gender Department.
“The matter of inheritance should be based on each of the communities in Kenya; People’s culture must be respected. For instance in Bukusu and Luhya community at large, a married woman should not inherit any property from his father but she should inherit it from the husband. Such cases should be handled by our traditional court which we will be establishing soon”
“The court will have jurisdiction over all cases that are related to disputes and stalemates that are of Bukusu culture in nature like complaints related to dowry payment and communal land issues,” Masinde said in kitale.
He said it is the prerogatives of the father to give land to the children but married children (daughters) are normally excluded according to the culture.
“In case of any issuance of land to the lady, then she should not be married and it should be less than what male children get” said Masinde.
Masinde said: “We have noted that there are many cultural disputes finding their way in the courts of law where the judges or magistrates have no knowledge of the Bukusu culture hence their judgments are inconsequential,”
Ferdinand Wanyisia, a church elder from the community has however said the court’s decision must be respected and married women should also benefit from their parent’s property.
“The court is independent and we should respect its decision, we also have to know that all children are equal “said Wanyisia.