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Men are over the moon after President Uhuru Kenyatta signed the Succession Amendment Bill of 2019 into law.
The law, which Hon Peter Kaluma sponsored, bars clandestine lovers from claiming a share of their partners’ wealth after they die.
Men said that women have been exploiting deceased wealthy men’s families for too long, claiming a portion of their dead lovers’ estate.
“I thank President Uhuru for signing this law. Secret women lovers should now know that their dirty tricks on people’s families [is over]; this [law] just scuttled them. I’m happy,” Duncan Chege, a motorbike tax rider in Nakuru, said.
Meanwhile, Stephen Kenani, a final year student of bachelor of medicine at Egerton University, said that the law is a win for children.
“Usually, you find that the men with secret lovers neglect their first families, and especially children. Now this means that the children will be getting better treatment,” he said.
Meanwhile, Lydia Gesare, a resident of Nakuru, says that women should now brace up to cater for their children by themselves, without expecting support from the kids’ father.
“At this rate, single women should be ready to take care of the children that they get with men who they are not married to,” Gesare said. “And if they have been remaining secret, they should also shut up even after their partner dies.”
Aaron Kibet said the new law is a win for men, albeit he feels it has a downside.
“It has kinda given men the go-ahead to practice secret polygamy without fearing any consequences,” he said.
Agnes Idza, an administrator in Mombasa, says that now all married people, especially women, should push to get marriage certificates.
“It’s so simple and cheap to get one. One can get it from church or attorney’s office at a little fee,” Idza said.
“They need it because it’s the one that will give it a right to the wealth.”
Agnes added that men should be brave enough to introduce their secret wives to their family members to avoid some of the frustrations and shame that comes upon their death.
While at it, Sheilla Kabon says that there is no crime in a man having another lover. However, she says that the man should be open and let the first wife know the lover because the law allows for polygamy, and it’s in their best interest to know who the co-wife is to prevent diseases.
“I know that after I get older, he’ll lose interest in me and start eyeing younger ladies, and that’s OK. However, he should let me know my new co-wife so that I can be at peace,” Kabon said.
For mzee William Ogeto, parents should not claim a share of their children’s wealth after they die. Ogeto said the money should be left to the widows and orphans to sustain their life.
” As a parent, it’s my duty to educate and take care of my children. That does not give me a reason to ask for their wealth’s share, even after they have left behind a wife and children. If they had not married, then I can claim their wealth,” Ogeto said.
Mzee Ogeto also advocates for parents to divide their land and family wealth to all children, including daughters.
“Today’s marriages can’t be trusted to last, unlike during our time. Nowadays, people marry and divorce within a year. For that reason, a parent should also give their daughters a share of their wealth and land.
What if they don’t get married? How will they live?”
Naomi Maina, a final year student of the bachelor of gender and development at Egerton University, lauded the law.
“We have seen in the past cases where one dies and on the burial day, someone comes with a court order, claiming to be a spouse to the deceased, and they stop the burial ceremony,” Okore said.
“I’d say that the law has come to clean up the society of the current immorality by eliminating ‘side chics’ and the ‘sponsor’ thing,” she said.
In Kenyan street parlance, a sponsor is an old rich man, or a sugar daddy, who engages in a romantic affair with a young woman.
“This sponsor thing has destroyed many marriages, and I am glad that the law has taken a big step to counter it. Our girls should learn to live within their means and respect other peoples’ marriage,” Maina said.
Jack Okore, an advocate of the high court in Kenya, says that the law will bring sanity and order in family succession and recognition matters.
“We have seen in the past cases where one dies and on the burial day, someone comes with a court order, claiming to be a spouse to the deceased, and they stop the burial ceremony,” Okore said.
“Such incidents cause the family of the deceased unnecessary suffering, and these are the things that the law is coming to set straight.”
According to the Marriage Act, only those who qualify to be married are called spouses in the new law.
Okore added that the definition of a dependent in the new law is now more precise due to the new law.
“The law now says that a dependent can be the husband or the wife, unlike in the former law, where the husband was not considered to be a dependent,” he said.
Atieno Ogolla, also an advocate of the high court, advises women to formalize their marriages to be on the safe side in the event of their husbands’ death.
“Men and women need to know that marriage by cohabitation is not recognized by the law, and they should get their unions formalized as by the marriage act,” Ogolla said.
According to the Marriage Act, a spouse is a partner in a relationship married through the customary, civil, Hindu, Islamic, or Christian systems.
Atieno adds that the law has tackled the issue of intermeddling to the advantage of women. “Intermeddling is when other people outside the family of the deceased interfere with their (the deceased) property before the court gives a plan of how the wealth is to be shared,” she said.
“Ejection of the deceased’s spouse has also been included in the definition of intermeddling.
“Henceforth, kicking out of the widows and widowers is illegal under the law, and this is a big win for women and men, who have suffered this many times.”
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