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Monday, December 6, 2021

Bill seeks to give state powers to use your wealth for charity

By The Frontier Post Reporter

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Part of your wealth might soon be forfeited to the State and later used for charity when you die if an amendment being pushed by Minority Leader John Mbadi on the Law of Succession (Amendment) Bill, 2019 is approved by Members of Parliament.

Mr Mbadi said the amendment is informed by the constant fighting as people tussle for wealth after a person has passed on and the extent to which people use to acquire wealth including corruption.

He also pointed out that the move will discourage the culture of amassing wealth through corruption while a person is still working.

According to the Suba South lawmaker, part of the forfeited wealth should be used by the state to donate to charity.

“The State contributes to your wealth and it is only prudent that part of it should be given back to the State so that it can be used for charity,” Mr Mbadi said.

“I’m serious about the amendment, I told Kaluma who is the sponsor of the Bill to include it as part of the amendment to be considered when the time for amendments come,” Mr Mbadi added.

The lawmaker however did not explain the details on what percentage of wealth will be donated to the State if the amendment is approved and whether all categories of people will be subjected to the same standard.

The Law of Succession (Amendment) Bill, 2019 sponsored by Homa Bay Town MP Peter Kaluma seeks to stop secret partners from popping up when a person dies claiming recognition and property, has already sailed through to the third reading, where more amendments will be proposed and considered by the whole house.

Previously, the Bill included the deceased’s parents, grandparents, grandchildren, stepchildren, children whom the deceased had taken into his family as his own, brothers and sisters as well as half-brothers being maintained by the deceased prior to death, as beneficiaries.

However, during debate before going for the month long recess, MPs said the initial list of beneficiaries want stepchildren, dependants, half brothers and sisters dropped from the list of those eligible to inherit property in new amendments to the law.

The MPs through the amendments want to limit the dependants entitled to inherit property to only the spouse and children of the deceased—whether or not maintained by the deceased prior to death.

All the amendments to the Bill will be considered by the house when it resumes its physical sittings on May 4 as it is currently in a month long recess in compliance with new measures announced by President Kenyatta to contain the third wave of coronavirus.

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