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Mistresses and their kids locked out from claiming inheritance

Mistresses and their kids to be locked out from claiming inheritance if their married partners die. Inheritance will be limited to only men and women legally married, their children and extended family if Parliament passes Law of Succession (Amendment) Bill, 2020.

Homa Bay Town MP Peter Kaluma.

The Bill seeks to amend Section Three to read that a spouse means a husband or wife, or wives recognised under the Marriage Act. It is sponsored by Homa Bay Town MP Peter Kaluma.

Mr. Kaluma explained that “The spouse” for inheritance, must be the spouse as defined in the Marriage Act. He said the amendments will end the culture of people surfacing for purposes of succession.

Kaluma noted that second wives officially introduced to the family should not be locked out.  The first wife has to be aware of their existence.

Law of succession

Chris Wamalwa (Kiminini MP) supported the Bill saying that it would give a clear framework on what should happen upon the death of a spouse.

 He added that the law of succession is very important. When a person dies is when we see people popping out of the blue to reap where they did not sow.

According to Dennitah Ghati(Nominated MP) People need to normalize writing wills so that upon their departure drama is avoided. Women stand to benefit a lot from this Bill.

According to Timothy Wanyonyi(Westlands MP), people should make it clear who the beneficiaries of their wealth are. When you die many people including foreigners lay claim to your property.

No one should just pop up to demand property and they’ve never been seen or heard of by the family.

Kaluma also wants the amendment of section 29 of the Act, which defines who a dependent is. The MP argues that the section should read that a dependent is a spouse and the children of a deceased.

The Bill is in Second Reading before the National Assembly.

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