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Kenyan court: Married women can inherit their father’s land

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A court ruling asserting that married women qualify to inherit properties of their fathers and should not be excluded during distribution has stirred debate between defenders of women’s and men’s rights.

The ruling was made by the Environment and Land Court in Nyeri, and stopped a woman from disinheriting her step-daughters. Justice Lucy Waithaka held that married daughters are also entitled to inherit their father’s estate, contrary to customary law and many traditions in the country.

POVERTY

While delivering a ruling on the distribution of the estate of Mr Ibrahim Wathuta Mbaci, who was polygamous, the judge said her verdict was based on the Law of Succession, which “disregards customary law and allows all the deceased’s children, inclusive of married daughters, whether or not maintained by the deceased prior to his death, to benefit from his estate”.

Reacting to the ruling, Ms Emma Njora, a Maendeleo ya Wanawake organisation leader in Nyeri, said it promoted women’s rights to inheritance and property ownership.

“This is a good decision,” she said. “The Judiciary should continue leading the way in discarding sections of customary law that oppress women and deny them their rights.”

She said the decision is also beneficial to men, arguing that when women inherit property from their fathers, they become economically independent of their husbands.

How Kenyan daily, Daily Nation, reported the story. FILE PHOTO

“Sometimes divorce is encouraged by poverty,” Ms Njora said.

But Maendeleo ya Wanaume national chairman Nderitu Njoka condemned the decision, saying the courts are biased in favour of women.

“For a long time women have been viewed as a marginalised group, but that is no longer the case. Men have become the marginalised and are now being oppressed by institutions through the law,” Mr Njoka said.

He said the courts should allow communities to uphold their customary ways of life and traditions.

EQUALLY

“African communities have their own rules and regulations on inheritance, and they should be allowed to uphold them,” he said.

However, the Federation of Women Lawyers in Kenya (Fida) said “the court was just upholding the law”.

“Since 2010, the Bill of Rights in the Constitution trumps customary laws and children have been able to inherit their fathers’ properties,” Fida chairperson Josephine Mong’are said.

“Even children born out of wedlock have a right to inherit their parents’ property,” she added.

Before the 2010 Constitution, she said, the courts would consider the traditions of the litigants and often sided with customary law. But, under the new laws, a child is a child, whether married or not, and is entitled to the parents’ property. In the case at hand, the judge noted that Mr Mbaci’s second wife, Ms Mary Wangui Wathuta, had unfairly failed to include the married daughters of the first wife in the sharing of their father’s estate.

Ms Wathuta’s own sons also opposed their stepsisters’ exclusion. They said that when their father died in 1994, aged 84, he left the family in harmony, and that each wife had been given her portion of land.

They told the court that their father had never prevented their stepsisters from tilling his land, and proposed that the land be distributed equally between the families of the two wives.

ADMINISTRATOR

Mr Mbaci, whose first wife Ruth, died in 1987, was survived by Ms Wathuta and 12 children, seven of them sons.

In her proposed mode of distributing the estate, Ms Wathuta said her four stepdaughters were married and were therefore not entitled to benefit.

She said her husband’s wishes were that she becomes the administrator of the estate, and that only the sons should be allowed to inherit the properties. But her husband, she said, had not put the will in writing.

Justice Waithaka, while noting that the dispute in the family was on whether the married daughters are entitled to a share of their father’s estate, said the applicable provision was Section 29 of the Law of Succession.

The section defines a dependant of an estate as the “wife or wives, or former wife or wives, and the children of the deceased, whether or not maintained by the deceased immediately prior to his death”.

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Online scam! Kenyan defrauds Arsenal fan in the UK

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Popular Arsenal Fans channel AFTV has exposed a Kenyan who recently defrauded an Arsenal fan seeking to purchase a match day ticket off his $100 (approximately Sh 10,000).

The Kenyan has a fake Twitter account pretending to be an English man and requested for the payment to be done via PayPal only for his real name to be revealed as Samuel Mwangi.

After the payment had been sent, he took a while to send the ticket as agreed giving excuses and eventually blocked the buyer who has since reported the incident to PayPal.

Mid last year, a sting operation by the Federal Bureau of Investigations (FBI) caught up with two Kenyans who were at the center of cybercrime that defrauded Fairfax County in the US millions of dollars after faking emails pretending to be from giant computer manufacturing firm Dell asking for payments to be rerouted to another account.

It turned out to be a scam, and two Kenyans, Robert Mutua and Jeffrey Sila were at the center of it all.

AFTV has now warned fans to be aware of online scammers who are taking advantage of their desperation to acquire tickets.

It is commonplace for fans to buy tickets from the black market as speculators buy them in bulk within hours of offering.

By NN

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Entertainment

Sarah Kabu’s big revelation

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Bonfire Adventures co-owner Sarah Kabu has claimed that slay queens have been hunting for her husband Simon Kabu.

In an interview on Radio Jambo, Sarah revealed that since her husband gifted her a Range Rover SUV for her 39th birthday, “slay queens” have been sending messages trying to gain favours from him.

The SUV Simon gifted Sarah for her 39th birthday.

She also revealed that they know the passwords for each other’s phones and social media accounts and advised that couples should do the same.

“During the New Year’s, I was going through his Instagram account, I was going through his DM and a slay queen inboxes him, ‘Happy New Year Simon Kabu, this year my goal is to go out with you, please make it happen.’ I did not respond. We get those DMs almost on a daily basis. The only thing I do is I visit their profile,” said Sarah.

She revealed that she also gets passes from young men especially when driving around in town.

Mr and Mrs Bonfire.

The Bonfire Adventures co-owner gave some tips to struggling entrepreneurs. She revealed that it has not been all rosy through their journey in business.

“Through the internet we look happy and travelling to many destinations but the rest of the time we always work hard till we burn out. In December, we could work from 6 am to 12 midnight,” she added.

By NN

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Entertainment

Child birth is honestly a near death experience – Kate Actress cries out

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December mom, Kate actress shed some light on her delivery experience which she believes was a miracle. Kate believes during delivery, one foot is in the grave and the other is hanging on, alive.

Child birth is honestly a near death experience😔..you honestly have one foot n the grave, am still so grateful to God for my little miracle.

However, sharing her life stories and past experiences on her You Tube platform, the charming actress seeks to inspire and empower others whose circumstances, have deprived them of self esteem.

Kate actress speaks motherhood, weeks after successful delivery

Urging masses never to be afraid to ask God what indeed he has in store for them, as many times as they can because persistence wins.

It´s a beautiful feeling when your story continues to inspire, and empower others who because of many circumstances think so little of themselves! I keep saying God is not Man. Ask him what his plan for you is, he will guide you!

The beauty is now a proud mother of a daughter, whom she sired with hubby, Phil Karanja, after a long battle, trying to get pregnant.

Ghafla.com

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