MPs seek to stop mistresses from blocking burial rites
Mercy Mwai @wangumarci
Members of the National Assembly yesterday vowed to initiate amendments to prevent mistresses from blocking burials and demanding a share of property when a man dies.
The MPs said women who have children with a married man should only benefit from his property if they are recognised as legal wives.
While debating the Law of Succession (Amendment) Bill 2019 sponsored by Homa Bay Town MP Peter Kaluma, the legislators also advised wealthy people to write a will in order to protect their spouses and children when they die.
Suba North MP Millie Odhiambo said she would introduce an amendment on who can benefit from property left behind by a deceased person.
“A burial is not a place to come and claim property. If you want to talk about succession issues, you should do it elsewhere. Let people bury the dead in peace,” said Odhiambo.
Debating the bill yesterday, the MPs said widows have been suffering for long in the hands of mistresses and members of the extended family.
Slay queens
They proposed that spouses and biological children should be the first beneficiaries property left behind by a deceased person.
The Leader of Minority John Mbadi advised wealthy people to share out their property while alive to avoid disputes when they die.
Nominated MP David Sankok said the bill will solve many family property disputes.
“The wives of the deceased and biological children are the ones who should inherit property.
We need to be very clear on this so that slay queens who have made this a business should stop the habit,” said Sankok.
But Charity Kathambi (Njoro) and Martha Wangare (Gilgil) told men that it was irresponsible to sire children outside marriage and later reject them and the women who gave birth to them.
“If you want to marry many wives, please make it clear. We have no room for men who use women as objects.
Stop calling women slay queens when they claim property because they were once your darlings and sweethearts,” said Kathambi.
Kajiado East MP Peris Tobiko and her Seme counterpart James Nyikal said the bill would be a solution to the increase in succession battles in court.
Muslim laws
“This bill has come at the right time. The matter of succession has tainted burials of prominent people.
These disputes happen particularly in polygamous settings. It is high time we deal with this matter,” said Nyikal.
Kisumu East MP Shakeel Shabbir urged other cultures to emulate Muslims who have put in place strict laws on how succession issues are handled.
Others who contributed to the debate are Deputy Minority Leader Robert Mbui (Kithiani), Rahim Dawood (North Imenti), Charles Nguna (Mwingi North), Jackline Oduol (Nominated) and Catherine Waruguru (Laikipia Woman Rep).
The Law of Succession (Amendment) Bill 2019, which passed the second reading yesterday, seeks to reorganise family inheritance by stipulating that only a spouse, as defined under the Marriage Act, qualifies for inheritance.
A spouse, in this case means a husband or a wife, or wives recognised under the marriage.
Under the proposed amendments, former wives and partners will not qualify as dependents.
There have been many recent cases of the death of politicians triggering succession wars and burial disputes.
Among the affected are the late Bomet Governor Joyce Laboso whose widower is in court with his sisters-in law over her estate.
The others include late Matungu MP Justus Murunga whose burial was temporarily blocked by a woman on grounds that he fathered her children and the late Kibra MP Ken Okoth whose burial plans were interfered with by nominated MCA Anne Muthoni Thumbi’s claim that he was the father of her child.
There is also a property management dispute in court involving the late Juja MP Francis Waititu’s widow Susan Njeri and her children and those of his deceased first wife.
