Widower wants men to inherit spousal property

Without succession, you can't sell assets of the deceased. [iStockphoto]

However, the unfortunate happened on Jul 24, 2023, Wawira died. Kivuti claimed the death was mysterious as she was headed to work.

In the meantime, he explained that he had separated with Wawira last year but retained close relationship.

He claimed Wawira had expressly stated that she ought to be buried at her matrimonial home built together with Kivuti.

Further, Kivuti alleged that, Wawira's family however sidelined him upon her death and buried her on August 4 without his input. He later came to learn that Wawira had an alleged partner.

According to Kivuti, the burial plans and the succession law locked him out from either paying final respect to Wawira. In addition, he said, it created a barrier for him to be considered an automatic heir to Wawira's wealth. According to him, section 29 (c ) discriminates men.

"The saddening state of affairs enumerated above display the grueling lengths widowers like the petitioner have to go through to even have a say in their late wife's final send-off in addition to the uphill task regarding the deceased send-off, the petitioner by dint of Section 29 (C) of the law of Succession Act will have to prove dependence on the deceased if he is to be considered as a dependent with regards to the net estate," said Kivuti's lawyer.

Mungai asked the court to declare the section unconstitutional. At the same time, he asked the court to direct Parliament to ammend the current law for equality between men and women.