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{
    "id": 1444286,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444286/?format=api",
    "text_counter": 96,
    "type": "speech",
    "speaker_name": "Sen. Veronica Maina",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, we need to take note of the fact that the current laws of succession have not been in tandem with the marriage and matrimonial properties’ laws. If you look at the legislative jurisprudence in Kenya, under the Marriage Act, you will find that we have a monogamous system of marriage that is prevailing. This monogamous system defines who a wife is and who a husband is. It also defines a monogamous marriage as that of one man and one woman. However, when it comes to current practice, even in situations where a man is married under the monogamous laws, you may find there is another wife under the traditional or polygamous system and there are children that may emanate from such relationships. The worst scenario would be a man who is married to one wife under monogamous laws of marriage, but also has mistresses who have children or he has had children out of wedlock. What happens then is a sort of chaotic platform on how the determination of rights under the succession law happens. If that man departs from this world, even those children born out of wedlock cannot become inheritors of his estate. You will find the very famous scenario of the little boy child in a black suit and bowtie showing up at a funeral, and for the first time, the family of this man experiences other children who are claiming or purporting that the deceased was their father. In many instances, you discover that those children could belong, and their paternity can be traced to the man who has departed. The purpose of this law, first, is to determine what should happen to children who are born out of wedlock and, secondly, whether the women who have given birth to these children are entitled to the estate of the deceased man. On the other hand, The Law of Succession Act recognizes monogamy, polygamy, children who are born out of wedlock and other beneficiaries who may have been dependents of the deceased. We have had a clash between monogamous laws and the succession laws. The purpose of this amendment is to align some of those areas. It will also look at the Children Act and what the Constitution provides for children. It will clarify whether those born from a certain lineage or paternity are entitled as those who are defined as children under the monogamous law. In Section 3 of the Law of Succession Act, - that is the principal Act - we are proposing an amendment to redefine who a child is. A child should include an adopted child, one who is conceived during the lifetime of a deceased person and is subsequently born, even if they are born after the death of the deceased person. This means that if a man was to pass away when the wife or a woman is pregnant, and if the child was conceived by the deceased person, the definition of a child will now include anybody who carries his DNA. A child who carries the DNA will be defined in the Constitution as belonging to that person or man and will be entitled to be an inheritor of that estate, notwithstanding that his father passed on. So, we will be seeking to be more inclusive. We are also looking at an adopted child. An adopted child is a child for whom the parents have assumed legal responsibility through a court order. That child is now defined to have adoptive parents who are then recognized through a full adoption process in court. They become The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}