Senate Rejects Bill on Non-Discriminatory Property Distribution for Children Not Recognized by Fathers
The Senate has rejected a bill aimed at ensuring non-discriminatory property distribution to children not officially recognized by their fathers.
Senator Veronicah Maina introduced the Law of Succession (Amendment) Bill in 2023, intended to provide clear guidelines for dividing the deceased’s property among widows and children, including those born out of wedlock.
The bill sought to promote equality by amending sections that Kenyan courts found discriminatory against adopted children and those not explicitly acknowledged by their fathers.
However, the proposal did not advance on Tuesday as senators did not vote in favor.
“The house failed to gather the requisite numbers to advance the law of succession amendment bill,” the Senate stated.
One amendment proposed that children inherit their deceased father’s property even if their mothers were not married to him at his death.
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This would ensure their entitlement to a portion of the estate during its division.
The rejected bill also proposed that widowers and widows lose their share of the deceased’s property if they remarry.
The bill argued that the current law was biased, as widows lost their share upon remarriage, but widowers did not.
Additionally, the bill sought to guarantee equal estate shares for both parents of the deceased child.
It emphasized equal inheritance rights for both the mother and father of a deceased child.
The bill noted that current legislation unfairly favored fathers over mothers in inheritance matters.
“The Court has previously found section 39 unconstitutional as it prioritizes fathers in inheriting their deceased child’s property,” the bill stated.
Senate Rejects Bill on Non-Discriminatory Property Distribution for Children Not Recognized by Fathers
