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Blow to widow lovers

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Children born by a widow more than nine months after her husband’s death are not entitled to inherit a share of the deceased’s property, the High Court has ruled.

Justice Lucy Gitari has held that a child born posthumously to a widow not less than nine months upon the death of the husband ought to be excluded in succession.

Such a child, the judge said, cannot be regarded as having survived the deceased according to Section 29 of the Law of Succession Act, Cap 160.

The judge also stated that such children cannot be regarded as dependants of the deceased’s estate because the deceased had not taken them as his own and was not maintaining them before he passed away.

SUCCESSION DISPUTE

She made the decision while ruling on a succession dispute between a woman, Ms Milka Wanjiku and her step-mother, Ms Rose Wangechi.

The two were fighting over distribution of the estate of Wandimu Munyi, deceased, who passed on some time in 1985. He was father to Ms Wanjiku and husband to Ms Wangechi.

In the case, Ms Wangechi wanted three other children that she bore after the husband’s demise be listed as beneficiaries of the deceased’s estate which included a 22-acre land in Mwea.

Also in contention was an undisclosed amount of money given by the National Irrigation Board (NIB) for a three-acre land acquired for construction of Thiba dam.

Ms Wanjiku testified that the deceased had two wives- her deceased mother Agnes Muthoni (first wife) and Ms Wangechi (second wife).

The court heard the deceased polygamous man had three children with the first wife and only one child with Ms Wangechi.

After his death, the second wife sired four other children (three daughters and one son) between 1988 and 2008, who she wanted to have them inherit estate of the deceased man.

RIGHTFUL BENEFICIARIES

But the step-daughter confronted the court with the question of whether children born posthumously are entitled to inherit and who are the rightful beneficiaries of her father’s estate.

Her case was that except the first born in her step-mother’s house, the other four children were born after the deceased had passed away and are therefore not children of the deceased.

On her part, Ms Wangechi said she wanted all the eight children to share the land equally since they were born and lived on the land.

But in her ruling, Justice Gitari ordered that the deceased’s estate be shared in five portions among the four children he had sired in his lifetime plus Ms Wangechi.

“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,” said the judge adding that her decision on distribution of the estate is according to Section 40 of the Law of Succession Act.

Justice Gitari also ordered that the land be surveyed to ensure that each beneficiary’s portion has access to the water carnal. She also said the money for compensation from NIB shall be shared equally by the beneficiaries.

Source:nairobinews

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Fidel Odinga’s widow, Lwam Bekelle reveals heated communication with Ida

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Fidel Odinga’s widow, Lwam Bekelle, has put his mother-in-law on blast.

In court papers, Lwam claims that Ida has been spreading falsehoods about her.

In their affidavits, Ida and Winnie accuse Bekelle of taking off from her matrimonial home in Karen soon after Fidel was laid to rest and cutting all contact with the family.

They also say Bekelle kept off as the Odinga’s pushed to get to the bottom of what could have killed Fidel.

Bekelle accuses her mother-in-law of “unjustifiably and continuously making false, defamatory and/or unkind remarks about her family friends and herself.”

“I believe that the statement she recorded with the DCI following the death of Fidel Castro Odhiambo Odinga informs the 1st objector’s [Ida’s] averments and is the genesis of our differences,” Bekelle said.

However, in their affidavit, Ida and Winnie state that they are worried that Fidel’s son, Allay, may not be adequately provided for.

They claim Bekelle had removed him from school and kept him at home while also hiding him from the Odinga family.

“The objectors are further worried that having been the only child between the petitioner and the deceased, he is the only living memory of her son and will be disadvantaged if the petitioner continues to block them from his life,” Ida through Owiti, Otieno and Ragot advocates claims.

fidel odingaHowever, Bekelle blasts Ida for contradicting herself by claiming Fidel had other kids yet in the same document, she acknowledges that it is only her son that Fidel had sired during his lifetime.

“In paragraph 13 and 14 of the objectors’ answer to the petition for a grant, they averred that my son Allay Raila Odinga was the deceased’s only descendant and he is the only living memory of the deceased. This averment is in itself contradictory to the objectors’ earlier assertion that the deceased sired other children in a different relationship,” she responded.

The widow also claims the Odinga family is not supporting her son and disputes claims he has dropped from school.

By Mpasho

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Uhuru’s big love for the old

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Kenyans, especially the youth, have expressed displeasure with the appointment of former Othaya MP Mary Wambui to head the National Authority Employment Authority.

Ms Wambui, the woman who thrust herself into the limelight after claiming she was President Mwai Kibaki’s wife, was handed the big job by Labour Cabinet Secretary Ukur Yatani.

But this is not the first time President Uhuru Kenyatta’s administration is appointing retirees and perceived ‘old people’ to take charge of critical state agencies.

On Monday, Mr Kenyatta appointed Jeremiah Matagaro to the public service, raising questions about Jubilee administration’s knack for retired persons at the expense of youths in State appointments.

Mr Matagaro will chair the State Corporations Advisory Committee for a three-year period, an appointment many consider as a slap in the face to the youth.

Cyrus Gituai, who served as Internal Security PS in the first Kibaki administration, also makes a comeback to the public service. Mr Gituai has also served as a district commissioner.

But the return of the old guard in Kenyatta’s administration is hardly surprising as the trend has been there for all to see.

Head of Public Service Joseph Kinyua is 68, well over the mandatory retirement age of 60.

The same goes for former Vice President Moody Awori, the man well into his 90s, chairs the Sports, Arts and Social Development Fund.

President Kenyatta also picked Stephen Karogo to chair the Public Service Commission, even though at the point of his nomination, he was slightly over 60 years.

MPs vetting him for the position questioned his ability to adequately serve given that he has hit the mandatory retirement age of 60 years for the Civil Service.

“Do not focus on my age, rather at the wealth of experience I bring on the table in this new role,” he told the National Assembly Committee on Administration and National Security.

Retired General of the Kenya Defence Forces Julius Karangi chairs the NSSF Board after his retirement from the military, while 72-year-old Francis Muthaura is in charge at Kenya Revenue Authority.

Just last week, the National Assembly approved Esther Murugi to sit in the National Lands Commission, even though she is 66.

Back to Mr Matagaro, he is not exactly young. He was the police spokesman during the troubled times of agitation for political pluralism in 1990 to 1993.

He would later rise to become North Eastern provincial police commander in the mid 1990s.

When President Mwai Kibaki took over, he appointed him PS in the Ministry of Justice under Kiraitu Murungi before he was controversially appointed to the Electoral Commission of Kenya in total defiance of the 1997 Inter Political Parties agreements.

Mr Matagaro was among ECK commissioners who were sent packing after a probe by an international commission established that they had bungled the presidential election.

In a bid to stop recycling and re-appointment of senior citizens to the public service, Starehe MP Charles Njagua has filed a motion in the National Assembly.

The youthful city MP is seeking to reduce the retirement age to 50 from the current 60.

He says his motion will help address the high unemployment rate among the youth.

“Noting the mandatory retirement age for public servants is set at 60 years, this House urges the government to review mandatory retirement age in public service from current 60 to 50 years,” reads the motion.

Documents presented to parliament by the Public Service Commission (PSC) detailing the breakdown of civil servants by age cluster revealed that at least 11,879 civil servants were aged between 51 and 60 years.

A further 12,057 civil servants were aged between 56 and 60 years, while there were about 399 civil servants who had attained the age of 60 years or above.

by nation.co.ke

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Outrage over hiring of Mary Wambui

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Hours after the government announced several appointments to various positions in State agencies late on Monday, Kenyans have taken to social media to express their displeasure with some of those picked for the posts.

In a special Gazette Notice dated October 14, President Uhuru Kenyatta announced he had appointed eight people to the State Corporations Advisory Committee, while the Labour Cabinet Secretary Ukur Yatani announced his pick for the chairperson for the National Employment Authority (NEA).

It is CS Yatani’s choice that has outraged Kenyans, who wondered whether the appointment of former Othaya member of Parliament Mary Wambui was done on merit.

Kenyans including political leaders, on social media, claimed Ms Wambui is out of touch with the realities of young unemployed graduates in the country.

They have also questioned the former lawmaker’s capacity to deliver on her new mandate.

Dismissing the appointment, ruling Jubilee party’s nominated Senator Millicent Omanga described it as a sad day and a spat on the face of Kenyan youth.

Senator Omanga expressed doubts that Ms Wambui possesses the ability “to craft strategies and policy formulations” to eradicate youth unemployment in the country.

“Does Wambui have the remotest idea what it feels like to hold a degree certificate yet you can’t find a job with it?” Ms Omanga posed, arguing that by hiring her, the government had demonstrated its lack of seriousness in addressing the challenge of unemployment.

Others argued that the government was worsening the youth unemployment crisis by appointing a person who is “rich, powerful and well-connected”.

Hapa ni kubaya. Watu wanatolewa retirement kupewa job; sisi wengine tulipe ushuru wapate mishahara (The situation is bad. Retirees are being recalled and offered jobs while the rest of us have to pay taxes for their salaries),” Mutichilo Mike noted.

Former presidential candidate Mohamed Abduba Dida termed the appointment as shocking, saying it showed the government’s “consistency and dedication towards failure.”

“When you think you have seen it all, the government pulls another one,” he added.

Others said such appointments dented President Kenyatta’s legacy.

When he took over power in 2013, the President vowed to fight youth unemployment and to create 500,000 new jobs every year. That has not been the case.

“In a nation where unemployment is a real crisis for the youth, such crucial positions need visionary leaders,” David Musyoka argued, adding that it should not be “reward schemes for political loyalty”.

“We are now lacking direction,” Sammy Mohammed lamented, wondering, “how can we grow our economy by recycling these old MPs?”

Mr Mohammed went on to suggest that the President should “try one of us” to assess the youth’s competency and suitability.

Mary Wambui, a businesswoman and politician, was the MP for Othaya Constituency, Nyeri County from 2013 and 2017.

According to data from the Kenya National Bureau of Statistics, nine out of every 10 unemployed Kenyans are below 35 years.

The bureau puts the overall unemployment rate in the country at between 7 and 12 percent, a figure that is disputed.

By nation.co.ke

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