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{
    "id": 1444289,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444289/?format=api",
    "text_counter": 99,
    "type": "speech",
    "speaker_name": "Sen. Veronica Maina",
    "speaker_title": "",
    "speaker": null,
    "content": "Therefore, it gives equality in law, treating the man and the woman the same way. However, in the current laws of succession, it has not been treating the man and the women equally, that is, the widow and the widower. Therefore, the introduction is for both; the determination is upon remarriage. Mr. Speaker, Sir, there is also another amendment, where the surviving child is not a child of the surviving spouse. Where the surviving child is not a child of the surviving spouse, the surviving spouse shall be entitled to the personal and household effects of the deceased absolutely, and a life interest in one half of the whole residue of the net estate, and the surviving child shall also be entitled to half; one half of the whole residue of the net estate, which shall be held in accordance with Section 41, and if there be more than one child, they shall share equally. Meaning, if for instance, you have four children or two children, those children would share equally. If they are four, they take a quarter each. A further introduction is - Where the surviving child is not a child of the surviving spouse – (i) the surviving spouse shall be entitled to the personal and household effects of the deceased absolutely and a life interest in one-half of the whole residue of the net intestate estate; and (ii) the surviving child shall be entitled to one-half of the whole residue of the net intestate estate, which shall be held in accordance with Section 41, and if there be more than one child, they shall share equally. (b) where the surviving children include a child who is not a child of the surviving spouse: Mr. Speaker, a further amendment is that: (i) The surviving spouse shall be entitled to the personal and household effects of the deceased absolutely; (ii) the net intestate estate shall, in the first instance, be divided equally amongst the surviving spouse and all the surviving children; (iii)the surviving spouse shall have a life interest in his or her share and that of his or her children under subsection (1B) (b)(ii); and, (iv) the share of the surviving child who is not a child of the surviving spouse under subsection (1B) (b)(ii) shall be held in accordance with Section 41, and if there is more than one child they shall share equally. Mr. Speaker, Sir, you will notice that the amendments are introducing an equality clause and treating all children the same way. There is also another amendment under Section 36 of the Principle Act. In this Section 36, many case laws have determined that even after a spouse has passed on, the surviving spouse will hold the estate of that spouse until the date when that surviving spouse remarries, but in a scenario where both the spouses are not there, what happens to the estate? Now, in the current Law of Succession Act, that estate first goes to the father of the spouse who has passed on. What the amendments are seeking to introduce now is that such an interest will be shared between the father and the mother in equal measures, or if either is dead, then the surviving parent. 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."
}