Homa Bay Town MP Peter Kaluma. He is the sponsor of Law of Succession (amendment ) Bill 2019.
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MPs move to bar secret lovers from inheriting their property
The days of secret wives and husbands who pop up when a person dies claiming recognition and property are numbered.
Yesterday, MPs— some of whom have witnessed the now common spectacle at their colleagues’ burials— overwhelmingly supported the Law of Succession (amendment) Bill, 2019, which seeks to tame ‘the other partner’.
During the debate, lawmakers said ‘strangers’ have caused untold suffering to widows and widowers who are usually left with children to bring up after the deaths of their spouses.
MPs pointed out that for a long time, widows of wealthy husbands have suffered at the hands of such women who seek to reap where they did not sow.
“The main aim of the Bill is to avoid situations where opportunistic schemers successfully claim a stake in a deceased estate hence disenfranchising the legitimate heirs of the deceased,” reads the Bill sponsored by Homa Bay Town MP Peter Kaluma.
“The bill seeks to provide clarity on who a dependant of deceased person it. It gives stronger protection to the spouse, children and extended family of a deceased person in succession matters.”
Nyando MP Jared Okelo said many widows have lost properties to shadowy women who contributed nothing.
“This is a warning to slay queens that their days are numbered. Now they need to know that as they enjoy the trappings of power, opulence and wealth, they should just enjoy it as it last for now but not for posterity.”
Mr Okelo said in recent days, the House has witnessed a lot of women mushrooming as girlfriends when a member dies, claiming property of the deceased.
Some of the recent cases, include that of former Kibra MP Ken Okoth. When he died after a long battle with cancer in July 2019, a woman identified as Anne Thumbi then moved to court seeking recognition of her child as the son of the former MP before he was cremated.
DNA tests later revealed that the child was sired by Mr Okoth and Ms Thumbi was allowed to attend his cremation at Nairobi’s Kariokor area, although she failed to turn up for the ceremony.
Ms Anne Thumbi attends Kibra MP Ken Okoth's memorial service at Starehe Boys Centre in Nairobi on July 31,2019.
A similar drama ensued when Matungu MP Justus Murunga died. Ms Agnes Wangui Wambiri moved to court stopping his burial seeking recognition for her two children.
However DNA tests only confirmed that the late Murunga sired one child with Ms Wambiri.
Nyaribari Chache Richard Tongi said the culture where women contribute nothing towards the acquisition of wealth but are quick to claim a share when a man dies must come to end.
“We have women outside there who do nothing apart from their beauty but would be quick to rush to court demanding property when the man dies leaving the legal wife suffering,” Mr Tongi said.
The bill, which is being debated in the House, seeks to limit the dependants entitled to inherit property of a spouse and children of the deceased— whether or not maintained by the deceased prior to death.
The list shall also include the deceased’s parents, grandparents, grand children, step children, children whom the deceased had taken into his family as his own, brothers and sisters as well as half-brothers being maintained by the deceased prior to death.
“A person not named in this section shall not be a dependant for the purposes of this Act unless the person proves maintenance by the deceased for a period of two years prior to the deceased’s death,” reads the Bill.
Vihiga Woman Representative Beatrice Adagala said if there are other women in a man’s life, then they should be known before the man dies and vice versa.
Agnes Wangui Wambiri, the self-declared third wife of Matungu MP Justus Murunga.
“We have sometimes seen even 10 women coming up and even going to court claiming the properties. Women have been crying when a person only took a photo with the deceased claiming property of the man,” Ms Adagala said
Her Migori counterpart Dennitah Ghati said the bill will save women who are worst affected by the practice of people appearing after the death of a spouse.
“It is sad that 90 percent of people suffering in this country are women, they don’t have access to land. Immediately a spouse dies, the family takes the land as if the woman came into the marriage with nothing,” Ms Ghati said.
Kiminini MP Chris Wamalwa also supported the Bill. “This bill will protect spouses and children as it will lock out those people who sit somewhere and want to reap where they never sowed by rushing to court claiming the deceased properties.”
Kimilili MP Didmus Barasa said there are also men who lie in wait for other men to die so that they can rush and inherit the widow with an aim of getting the deceased’s properties.
The debate is set to continue next week before MPs take a vote.
