Kenyans have started a debate following Kenya’s High Court ruling on Wednesday that saw children given birth by a widow more than nine months after the husband’s death disinherited from the deceased’s property.
Justice Lucy Gitari in a ruling on Wednesday argued that such children cannot be regarded as having survived the deceased as stated by Section 29 of the Law of Succession Act, Cap 160.
The judge said such children should be excluded in succession as they are also not considered as dependents of the deceased’s estate.
She also said such these children are not entitled to the inheritance since the deceased had not taken them as his own and was not maintaining them before he died.
Justice Gitari made the ruling in an inheritance dispute pitting Ms. Milka Wanjiku and her step-mother Ms. Rose Wangechi.
Wanjiku and Wangechi were fighting over sharing of the estate left behind by Wandimu Munyi who died in 1985. Munyi was father to Wanjiku and husband to Wangechi.
Wangechi wanted three other children she got after the death of her husband included in the list of beneficiaries of the deceased’s estate.
The court heard that Munyi had three children with his first wife (deceased) and only one child with Ms. Wangechi.
In her ruling, Justice Gitari ordered the estate be shared in five equal portions among the four children Munyi sired before his death. The fifth portion belongs to Wangechi, the widow.
“The (other) four children are excluded as beneficiaries. The distribution should be in accordance with the number of children. The widow is an additional unit,” she ruled.
Kenyans whose majority have supported the ruling, claim that it will be fair to ensure that the biological children of the deceased receive what is rightfully theirs.
See what Kenyans have to say;
Well, the story should change, even a man should be able to inherit what the spouse leaves behind. But coming from a patriarchal society apart from the kikuyu, property is thought to be owned by the man irregardless.
— Mkenya_Daima (@mlesterh) July 10, 2019
The Court is spewing wisdom nowadays- when it comes to Family matters.
— Nkaate (@Nkaate) July 10, 2019
In Kenya the only ‘Property to Inherit belongs to a Deceased Male, that is what belongs to ‘us’ else, have you ever heard property wrangles where a ‘She’ is deceased in Kenya..? Only a few or none…
— PeterFitah (@PeterFitah) July 10, 2019
Longest pregnancy period is 2yrs even rhought its 1 in a million, But other doctors at Los Angeles’ Methodist Hospital found it incredible that Mrs. Hunter had been pregnant for 375 days and thats the longest pregnancy on record.
— Amhx6 (@hajocomm) July 10, 2019
9 months, kwani the mother indulged immediately the original was being interred?? The kid can inherit whatever the newcomer brings onboard.
— Nyakiana (@sanetorOkioma) July 10, 2019
9months isn’t scientifically correct, it should be 11months to avoid any mistakes.
— Sendoro (@sendorojs) July 10, 2019