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{
    "id": 1444305,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444305/?format=api",
    "text_counter": 115,
    "type": "speech",
    "speaker_name": "Sen. Manzo",
    "speaker_title": "",
    "speaker": null,
    "content": "First, the definition of a child is correct. However, sometimes people who are above 18 years old and are no longer children become dependants or are entitled to the property of a deceased person. In the event of death of a son, it used to be the father, but now, it is going to be the father and the mother. Supposing that son has a family, then which way? It becomes very complicated. Many matters that are taken to court are very strenuous and take many years. A whole family is entitled to personally appear in court and state their position. It is one of the extremely complicated matters. Some people die but there is nothing to inherit because they have no property in their name at all. Sometimes it is a matrimonial property and each spouse has a contribution. When it is a man who is deceased and his share is little, all his children besides those of his wife are also entitled. Again, it raises another complication. Sometimes, it is difficult because people leave wills when they die, but those wills are still found not to be fair. Such a matter ends up being treated as of interest, then it goes back to square zero and raises a lot of issues. There have been many debates as to whether one should make a will to ensure that their property helps their children the moment they are no more. This has always been on a case-to-case or circumstance-to-circumstance basis. There is a scenario I was given by a friend of mine, who is now deceased. He told me that when his father, who was a politician died, he expected a lot of trouble at the funeral because his father was wealthy. At the funeral, there were people who looked like him. He knew that when his sons are called, there would be quite a number. To his surprise, those people just attended the funeral and left quietly because his father had sorted them out before he died. They knew that on the funeral day, there was nothing to be shared, but just attend. He was pleased because he expected many succession battles. I think this matter should be determined on a case-to-case or family- to-family basis. Muslims have Islamic laws and personal laws that apply to them. We also have people who the Law of Succession Act may not fall to support. That means they are under Customary Law. If you are married under Customary Law, which potentially allows polygamy, do you fit squarely under the Law of Succession Act? The Law of Succession Act has been left loose for many years with many loopholes. An attempt by Sen. Veronica Maina – a renowned lawyer and Senator whom we have a lot of respect for – to sort out a few loopholes sounds like a case tailored to a certain class of people, which may or may not apply. It is a good time for us to ponder. When it comes to the Committee Stage, we need to sit with the Committee on Justice, Legal Affairs and Human Rights and her, and think further according to the precedents being generated by the courts every other day. Some people have attempted to leave their properties under trustees. Trustees have become more complicated than the succession process. Strangers are now possessing properties. It gives them an opportunity to share the wealth after abandoning all the children. You will find such matters dragging in court. Anybody resembling the deceased may come forth and claim to be a child 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."
}