[Source: Daily Nation, by Kamau Maichuhie]
For long, men have complained that the succession laws in the country are punitive to men and favour women.
This could, however, change soon if a Bill before the Senate sails through. The Bill is set to amend the Law of Succession Act and allow men to wholly inherit their spouses’ property without any conditions.
The Law of Succession (Amendment) Bill, 2020 sponsored by nominated Senator Abshiro Halake, seeks to remove gender inequality in succession, and gives either gender absolute right and freedom to inherit property.
Inheritance has largely been one way, with wives having exclusive rights to inherit their husbands’ property.
The Bill, in particular, amends section 29 of the Succession Act that defines a dependant as the wife or wives and the children of the deceased.
The current law only places a husband or a widower in the dependant’s category on condition of proof that he was being maintained by his wife prior to her death.
The new Bill further states that once a widow or widower remarries, they lose their life interest in the remainder of the deceased’s net estate.
In case the deceased has no surviving spouse or children, his or her parents inherit the property in equal share as opposed to the current Act, which gives the father priority.
“Where an intestate (deceased) has left no surviving spouse or children, the net intestate estate shall devolve upon the kindred of the intestate in the following order of priority— (a) father; or if dead (b) mother,” reads Section 39 of the Law of Succession Act.
Ms Halake says the proposed law seeks to ensure there is gender equity with regards to succession matters, adding that stability and continuity of life of the dependants contribute greatly to the economy and security of a country, hence the need for the Bill.
Maendeleo Ya Wanaume Chairman Nderitu Njoka has welcomed the amendments saying it will ensure gender equality and justice in succession matters.
Njoka, however, adds that the Bill should be subjected to public participation so that the relevant stakeholders and organisations dealing with gender-related matters and the public give their input.
Last year, inheritance issues took the limelight after the Environment and Land Court in Nyeri ruled that married women qualify to inherit properties of their fathers and should not be excluded during distribution. This stirred debate between defenders of women’s and men’s rights.
The ruling stopped a woman from disinheriting her step-daughters. Justice Lucy Waithaka held that married daughters are entitled to inherit their father’s estate, contrary to customary law and many African traditions.
[Source: Daily Nation, by Kamau Maichuhie]
