The Land Question: A Modern Kenyan Dilemma

A question frequently posed in private and public forums—“Should I sell my inherited plot to build a home with my boyfriend?”—lays bare a critical issue at the intersection of culture, law, and economics in Kenya. This scenario, seemingly a personal financial decision, reveals the intense pressure on women to liquidate ancestral assets and exposes the significant legal vulnerabilities they face, particularly outside the institution of marriage. For many Kenyan women, inherited land is not just an economic asset but a connection to their lineage and a source of security in a society where their land ownership rights, though constitutionally guaranteed, are often fragile.

Constitutional Rights vs. Cultural Reality

Kenya's 2010 Constitution, particularly Articles 40 and 60, robustly defends the right of every person, regardless of gender, to own property and ensures equitable access to land. The Law of Succession Act further stipulates that daughters and sons have equal inheritance rights. However, the reality on the ground remains starkly different. Deep-seated patriarchal customs often override statutory laws, with many communities continuing to favour male inheritance. This cultural bias means women who inherit land can face immense pressure from family and partners, and challenging these norms can lead to social ostracism or violence. Statistics reveal a significant disparity: while women form the backbone of Kenya's agricultural labour force, some reports indicate they hold as few as 1% to 7% of land titles individually.

The Legal Pitfalls of 'Come We Stay' Arrangements

The legal framework in Kenya draws a sharp distinction between married and cohabiting partners, often referred to as 'come we stay' arrangements. The Matrimonial Property Act of 2013 protects the property rights of married individuals, recognizing both monetary and non-monetary contributions to assets acquired during the union. However, these protections do not automatically extend to unmarried couples.

A landmark Supreme Court ruling in January 2023 clarified that long-term cohabitation does not automatically presume a marriage, placing the doctrine on its "deathbed." The court emphasized that marriage is a voluntary union and should not be imposed on unwilling parties. For a woman who sells her inherited land to build a property with a boyfriend, this has dire implications. If the property is registered in his name or even jointly without a separate legal agreement defining ownership shares, she could lose her entire investment should the relationship end. Legal experts confirm that in the absence of a formal marriage, a cohabitee has no automatic right to claim any jointly acquired property.

Economic Pressures and Construction Costs

The temptation to sell land is often driven by tangible economic pressures. The cost of building a home in Kenya has steadily risen. As of late 2025, estimates for a standard mid-range home in Nairobi and its environs range from KES 50,000 to KES 70,000 per square metre. A modest three-bedroom house of 120 square metres could therefore cost upwards of KES 8 million to construct, excluding the price of land. In Nairobi's prime suburbs, a quarter-acre plot alone can cost between KES 25 million and KES 60 million, making the prospect of selling an inherited rural or peri-urban plot to finance construction in a more developed area seem like a pragmatic choice.

Safeguarding Assets: The Legal Path Forward

Legal and financial experts strongly advise against entering into such significant financial ventures without robust legal protection. For women in this position, several measures can be taken to safeguard their inheritance:

• Maintain Sole Ownership: The most straightforward approach is to retain the title deed in her name exclusively. Any development on the land should ideally be financed and legally registered under her name.
• Joint Ownership Agreement: If co-investing is unavoidable, a legally binding joint ownership agreement is crucial. This document, drafted by a lawyer, should explicitly state the percentage of ownership for each partner, reflecting their respective contributions.
• Formalize the Union: Registering the marriage under Kenyan law (Civil, Christian, Customary, Hindu, or Islamic) provides the clearest legal protection, bringing the couple under the purview of the Matrimonial Property Act.

Organizations like the Federation of Women Lawyers (FIDA-Kenya) continue to advocate for women's property rights, providing legal aid and raising awareness about the gap between progressive laws and discriminatory cultural practices. Ultimately, the decision to sell inherited land is deeply personal, but it must be an informed one, weighing the promise of a shared future against the verifiable legal and financial risks involved.