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{
    "id": 1444300,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444300/?format=api",
    "text_counter": 110,
    "type": "speech",
    "speaker_name": "en. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "I congratulate Sen. Veronica Maina for this important amendment to the Law of Succession Act. There are seven proposed amendments to the Law of Succession Act. As has been ably put forward by the Mover of the amendments, these proposed amendments will make the Act comply with the various court pronouncements made in the process of litigation. Kenyans have had challenges with the succession, matrimonial property, and intestacy because many of them do not leave behind the wills of their estate. To be very particular, the amendment seeks to align the Law of Succession Act with the Children Act by defining who a child is. The definition of a child in the Succession Act is to ensure that adopted children can fit into the estate of a deceased person, whether father or mother and benefit. Similarly, intermeddling of the estate in this proposal has been broadly defined to mean taking possession of, disposing of, charging, receiving, distributing, leasing, or using a property of a deceased without authority under this Act or any other applicable law. In many cases after the demise of an individual, the estate is abused by either the surviving spouse or any other person who has an interest. In some situations, the estate could be unknown or has not been disclosed to the family. By broadening this definition of intermeddling, we ensure that the family can protect the estate whether it was disclosed or not. It has also expanded the definition of intermeddling to mean ejecting a surviving spouse or child from the matrimonial home or any other unlawful dealing with the deceased person's estate. This is a very important amendment because, without the protection of the estate of a deceased person, the beneficiaries including the children, the surviving spouse, parents, or any other dependent will be left with nothing to survive or to inherit. The proposal by Sen. Veronica to expand that is highly welcome to make sure that we protect these estates. The proposal to amend by deletion of Section 32 in the Principal Act is very critical. Section 32 in the Principal Act provides for the exclusion of immovable property and land in certain counties such Kajiado, Wajir, Marsabit, and Tana River. As such, the amendments seek to ensure that Sections 32 and 33 do not exclude those counties in matrimonial property and succession on agricultural land as well as immovable property of a deceased person. This ensures that anyone who is living within the territory of Kenya applies this particular law for purposes of uniformity. It will also ensure that we do not abuse the existence and the application of the local laws, regulations or even traditional beliefs as to who is entitled to participate in sharing or benefiting from the property of the deceased. 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."
}