Men to inherit wives’ property in proposed law

For long, men have complained that the succession laws in the country are punitive to men and favour women.

This could, however, change soon if a Bill before the Senate sails through. The Bill is set to amend the Law of Succession Act and allow men to wholly inherit their spouses' property without any conditions.

The Law of Succession (Amendment) Bill, 2020 sponsored by nominated Senator Abshiro Halake, seeks to remove gender inequality in succession, and gives either gender absolute right and freedom to inherit property.

Inheritance has largely been one way, with wives having exclusive rights to inherit their husbands’ property.

SUCCESSION ACT

The Bill, in particular, amends section 29 of the Succession Act that defines a dependant as the wife or wives and the children of the deceased.

The current law only places a husband or a widower in the dependant's category on condition of proof that he was being maintained by his wife prior to her death.

The new Bill further states that once a widow or widower remarries, they lose their life interest in the remainder of the deceased’s net estate.

In case the deceased has no surviving spouse or children, his or her parents inherit the property in equal share as opposed to the current Act, which gives the father priority.

“Where an intestate (deceased) has left no surviving spouse or children, the net intestate estate shall devolve upon the kindred of the intestate in the following order of priority— (a) father; or if dead (b) mother,” reads Section 39 of the Law of Succession Act.

Gender equity

Ms Halake says the proposed law seeks to ensure there is gender equity with regards to succession matters, adding that stability and continuity of life of the dependants contribute greatly to the economy and security of a country, hence the need for the Bill.

 “The proposed new law deals with succession matters touching on land and other movable and immovable property of the deceased. Succession matters have implications on the well-being of members of the society especially dependants of the deceased,” she says.

Maendeleo Ya Wanaume Chairman Nderitu Njoka has welcomed the amendments saying it will ensure gender equality and justice in succession matters.

Njoka, however, adds that the Bill should be subjected to public participation so that the relevant stakeholders and organisations dealing with gender-related matters and the public give their input.

"There should be equality in the law and no gender should be discriminated against by the law. The law should be impartial and not biased,"Njoka says.

Appolo Mwangi, a human rights activist based in Kiambu, supports the new bill saying all genders must be treated equally.

“It is only fair to allow the man to inherit the property that his wife had in the event that she dies. Even if they do not have children, the man is the one who should inherit just as women do when their husbands die. The law should be fair to both genders,” says Mr Mwangi.

Aggrey Majimbo a Human/Gender rights activist based in Kakamega, says the amendment has been long overdue.

Next of kin

“There should be no condition put on the way for the man when it comes to succession whenever a man loses his wife. It is obvious the man should be his wife’s next of kin and the beneficiary in case of any eventuality,” Majimbo says.

He says husbands should inherit their wives’ property without any conditions.

“In many marriages, men provide for their families, a thing that allows their wives to save and invest thus accumulating wealth. It would, therefore, be unfair to deny the man in such families or put conditions before he benefits from the wife’s property,” he says.

Last year, inheritance issues took the limelight after the Environment and Land Court in Nyeri ruled that married women qualify to inherit properties of their fathers and should not be excluded during distribution. This stirred debate between defenders of women’s and men’s rights.

The ruling stopped a woman from disinheriting her step-daughters. Justice Lucy Waithaka held that married daughters are entitled to inherit their father’s estate, contrary to customary law and many African traditions.