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"speaker_name": "en. Wakili Sigei",
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"content": "The repealing of Sections 32 and 33 of the Law of Succession Act, therefore, has ensured that there is uniformity in the application of law across the country. Further, the amendment to Section 35 of the Principal Act as elaborately put by the Mover ensures that if a deceased person has left intestate, the spouse who is surviving or without children is equally protected. The spouse should not lose on the entitlement merely because the law does not specifically provide for who in order of consanguinity is to benefit before the other. Similarly, the amendment to Section 36 of the Principal Act supports and ensures that the surviving spouse as well as children, and any other person who is to benefit from that estate, is not denied that entitlement merely because the law does not list who is to benefit first before the other. Mr. Speaker, Sir, under the proposed amendment to Section 39 of the Principal Act, the current law has listed the father before the mother. The proposed amendment herein seeks to ensure that either the father or mother of a deceased are equal in terms of their benefits to the estate. Therefore, once there is a deceased and they do not have a surviving spouse, it is the mother or the father in equal share who are supposed to benefit. In the absence of either, then the rest of the list of the beneficiaries will apply. I appreciate the proposed amendments by Sen. Veronica. As it has been stated, the Standing Committee on Justice, Legal Affairs and Human Rights Committee (JLAHRC) received various proposals and concerns from stakeholders within their various areas of interest. The JLAHRC Committee report has already been concluded. It is awaiting adoption and we will table it at an appropriate time. Should there be any additional amendments, it will still be done within the time that the laws and the Standing Orders of this House allow. I appreciate and thank Sen. Veronica for ensuring that we amend the law to align it with the developments within the law of succession sector as well as the several pronouncements and decisions that various courts have made in the course of the litigation processes in this country. I second."
}