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{
    "id": 1444288,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444288/?format=api",
    "text_counter": 98,
    "type": "speech",
    "speaker_name": "Sen. Veronica Maina",
    "speaker_title": "",
    "speaker": null,
    "content": "even started commotion and very heavy fights, which are even evident in burial ceremonies. Therefore, after this becomes law, it means that if somebody intermeddles with the estate of the deceased, it will not be acceptable. They can be prosecuted for that. Many lawsuits have been taken to courts and not many people have been punished enough to send a message to the ones who are intermeddling with the estates that this should not happen. There are some estates in the Republic of Kenya, which are notorious, especially when you find an estate has many assets - I do not want to name them because of data protection - but Kenyans would understand the number of estates that have become notorious for making headlines because of relatives intermeddling or taking shares that do not belong to them. Once this Bill becomes law, then it is going to be much better, and this area will be settled. When this Bill was read the First Time, a number of people called me to congratulate and compliment the fact that the Senate is thinking about amending these sections of the law because of the pain they have had to go through as they watched people who are not related to the man, the holder of the property, or the deceased spouse, who just come to claim things that do not even belong to them. They did not even know the deceased very well, but suddenly, they come in to intermeddle. Intermeddling will also mean that any person who is entrusted with being an administrator of an estate of a deceased person will also have to be more accountable on how they manage the estate of the deceased. Therefore, this will debar any ambitious criminals and any person who would wish to take advantage of the fact that the man in that home is already demised and take advantage of vulnerable children. You have seen estates, some of which have only minors; the minors are left, children who are under 18 years--- Even before these children understand what their father owned, we have seen on many occasions by the time those children grow up, the estates cannot even support their education. Those children who are being provided for, going to an ordinary school maybe, living in a good estate or living in a sensible estate, we find all of a sudden the demise of their father or demise of their parent means that they can no longer enjoy the basic maintenance that they were being given by their parents. Therefore, it will throw a lot of cushion and a lot of protection to such vulnerable members of the family. Section 35 to be amended to enable that the interest of a surviving spouse to be determined upon remarriage. If you look at the current Law of Succession Act, that interest only determines on the side of the woman. When a widow remarries, the interest in the estate is determined upon her remarriage. The current provisions do not provide for that determination to be on the widower; it only determines on the woman's side. That means it is biased and not equitable to both genders. Therefore, the proposed amendment is such that the interest of the estate shall determine for both upon remarriage. For instance, if a widow has remarried, because the interest would remain with the children of the couple before the man passed on, then it means even for a widower who gets married, that interest is determined. 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."
}