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{
    "id": 1444306,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444306/?format=api",
    "text_counter": 116,
    "type": "speech",
    "speaker_name": "Sen. Manzo",
    "speaker_title": "",
    "speaker": null,
    "content": "Recently, we had a Kenyan from Ukambani who passed on in the United States of America (USA). Although he never got married, a “son” claimed his estate. After some time, it was discovered that he was a fake son. Nonetheless, he had already gone through the court process and attempted to secure a massive estate of the deceased in the USA. Therefore, it has to be on a case-to-case basis and depending on how the owner of a property handled the matter. Nowadays, many men prefer to be cremated when they die, so that there is no body to be fought for or no one to stop any funeral. People have even attempted to stop cremations. Even after cremation, it does not sort the problem. Issues still arise, especially if the person had anything to be inherited. We also have situations where it is difficult to realize the net worth because of debts, bankruptcy of companies and debts owed to an estate, such that there is nothing to share or distribute. As much as we are talking about a child, the more practical thing in courts are children who are not under 18 and are still entitled to the estate. In this particular proposal, we are talking of a child. That means one who is under 18 and they are probably going through schooling. What do you do with people who are adults and probably have children, meaning the deceased has grandchildren, and all those people are claiming to have been children of the deceased? Succession is a very tricky issue, even where there has been a divorce and there are still issues being determined as to what the lady or the man contributed to the empire they have. There are still uncharted areas by the courts and every day, jurisprudence of these cases are still being developed. Unfortunately, we lost a judge who was very good at developing jurisprudence in any area he worked on. He would first work on the jurisprudence and the laws that could apply. That was Hon. Justice Majanja, whom we lost recently. I am told his funeral service is tomorrow. I would like to attend because I knew him from college and I appeared before him quite a number of times. He was very good at developing jurisprudence. In a case-to-case scenario, a jurisprudence has to be established or developed because there are so many incidental issues, such that you may not be able to frame and narrow them to an Act of Parliament. They keep on generating and moving in different directions on a case-to-case basis. There are people who have lived together for seven years and they are regarded as husband and wife. The law says there is a presumption of marriage in that case. Somebody may have just cohabited with another for seven years. They may go to court so that it is established that they were presumed married. Therefore, the succession issue ensues and there may be people entitled to an estate. Going back to the Bible, when Abraham had another child and eventually Isaac was born, when the lady was being sent away after a dispute, she was given a lot of property. She was given an entitlement together with her son. They never left empty- handed. That could be a basis of a jurisprudence on what may happen in scenarios like that. 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."
}