Monday, December 5, 2022

Widows who remarry can inherit their late husbands’ property

A woman who remarried after the death of her husband will still be entitled to inherit his property. This has been ruled by the High Court in Meru.

In the ruling that was delivered by Justice Edward Muriithi, the court declared numerous clauses in the Succession Act unlawful.

These included Section 35 (1) (b) and 36 (1) (b). Section 35 (1) (b) states that a surviving spouse with children is entitled to the estate of the deceased but if the spouse is a woman, the interest is denied when they remarry.

Section 36 (1) (b) on the other end dictated that a serving spouse with no child is entitled to a percentage of the estate. If the surviving spouse is a woman, the interest is denied when they remarry.

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In the court case, the petitioner who was represented by lawyer John Baidoo argued that the sections of the law under scrutiny had forced widows to only get into consensual relationships without marital commitment in order to keep their right to inherit their late husbands’ property.

The petitioner was joined by the Federation of Women Lawyers (Fida) Kenya and Inua Mama Mjane in the petition.

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