Side chics, secret lovers and mistresses are at the receiving end of this new Kenyan succession/inheritance law. On Wednesday, The President, Uhuru Kenyatta signed the Law of Succession Bill. The Bill sought to amend the definition of the word “dependant” in order to lock out “illegitimate” spouses from inheriting the property of a deceased person.
In the new law, a dependant is now defined as; “the spouse and children of the deceased, whether or not maintained by the deceased immediately prior to his death”.
Others, who are also considered dependants, are the deceased’s parents, step-parents, grandparents, grandchildren, step-children, and children whom the deceased had taken into his family as his own. Also including brothers, sisters, half-brothers and half-sisters, who were being maintained by the deceased immediately prior to his death.
However, the law gives room for the nonconventional dependants, including secret lovers; to fight for their rights if they are aggrieved by the decision to lock them out of the deceased’s wealth.
Uhuru Kenyatta agrees to the new bill
“A person not named in this section shall not be a dependant for the purposes of this Act unless the person proves [he or she was] maintained by the deceased for a period of two years prior to the deceased’s death.”
While justifying the Bill, during it’s introduction in November 2019, Kaluma said; “The main aim of the Bill is to avoid situations where opportunistic schemers successfully; claim a stake in a deceased person’s estate hence disenfranchising the legitimate heirs of the deceased.”
“The Bill seeks to provide clarity on who a dependant of a deceased person is. It gives stronger protection to the spouse, children and extended family of a deceased person in succession matters.”
“The Law of Succession (Amendment) Bill 2019 will streamline the administration of succession matters in the country,” President Kenyatta said on Wednesday after assenting to the Bill.