No inheritance for murderers

The murder of parents or spouses to inherit family property is a phenomenon that is common in both rural and urban areas. For instance, police recently arrested a man accused of killing his father over a land dispute in Gatundu South.

Gatundu police boss Wellington Choka, said the 41-year-old father of three had allegedly been involved in a protracted land tussle with his father.

Mr Choka told the media that the suspect who had been demanding part of the family land from his 83-year-old father, summoned the old man to an elders’ meeting to discuss the issue.

After deliberations, the enraged man who was not pleased with the outcome, attacked his father with a mattock. He later died while undergoing treatment.

Acting Land Cabinet Secretary Fred Matiang’i addresses the Press after a closed-door meeting to strategise how to resolve wrangles at the troubled Kihiu Mwiri land buying company.

(PHOTO: FILE / STANDARD)

Police are also investigating several cold-blooded murders of officials in the troubled Kihiu Mwiri, a land-buying company in Murang’a South. Eight officials of the property company have been killed in less than two years while four other officials are missing.

Two directors - Chrispas Wanyoike and Chege Mwangi - were murdered two weeks ago on the Kihiu Mwiri-Kabati road. The two, according to the area Assistant Deputy County Commissioner Joel Cherop, were riding on one motorcycle heading to Kabati Trading Centre when they were shot dead by a gang, also on a motorcycle.

What many do not know, however, is that when such murderers are convicted, the law does not allow them to inherit the real estate investments of their victims.

Over the years, the country has witnessed murders related to tussles over real-estate ownership. Cases abound of investment partners, friends, relatives and spouses killing each other in cold blood over property.

In Nairobi, for instance, police often investigate spouses linked to gruesome murders of their partners as they seek to inherit matrimonial property. There are many reported cases of wives or husbands allegedly hiring hit men to eliminate their loved ones for matrimonial property.

Slayer Rule

There have also been cases where some property investors have been shot dead, with their assailants fleeing without stealing a cent from them.

Others who fall victim to their investments are the rich who write wills, which later leak to beneficiaries who want to own the property.

According to the Slayer Rule — a common law doctrine replicated in Section 96 of our Law of Succession Act — a sane murderer cannot get a piece of his or her victim’s estate.

According to the Law of Succession Act, “A person who while sane, murders another person shall not be entitled directly or indirectly to share in the estate of the murdered person”.

The law further provides that persons beneficially entitled to shares in the estate of the murdered shall be ascertained as though the murderer died before his victim.

In daily practice, the conviction of a person in criminal proceedings for murder is sufficient evidence to bar him or her from inheritance.

Elsewhere

In Ireland, a new legislation proposed by the Law Reform Commission targets killers from benefiting from the life insurance policies, trusts or pensions of their victims.

The Report to Prevent Persons Benefiting from Committing Homicide, also seeks to prevent offenders found guilty of murder, attempted murder or manslaughter from benefiting from property held jointly with their victims.

However, in Texas, United States there is no recognition of the slayer rule except in regard to insurance proceeds. Texas even has a constitutional provision that states that a person’s inheritance rights cannot be denied because of a crime that he committed.