DCI clears the air on law regarding inheritance

By Vincent Kejitan | Wednesday, Sep 18th 2019 at 14:30
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The Directorate of Criminal Investigation (DCI) on Wednesday shed light on the law regarding inheritance and emphasized that there is no guarantee especially where murder is in involved.

Through a series of tweets, the DCI stated that if a sane person murders another person he/she will not be entitled to any share in the estate of the murdered person.

Section 96(1) of the Law of Succession Act, CAP 160, Laws of Kenya...states: “Notwithstanding any provision of this Act, a person who, while sane, murders another person shall not be entitled directly or indirectly to any share in the estate of the murdered person, and the persons beneficially entitled to shares in the estate of the murdered person shall be ascertained as though the murderer had died immediately before the murdered person.”

This comes just a day after wife of slain Dutch businessman Tob Cohen pleaded with the court to release her on bail to allow her take part in a property dispute case.

Lawyer Philip Murgor told a court yesterday that Sarah Wairimu has a 50 per cent stake in property jointly owned with Cohen and she needs to be out fighting for her rights.

"My client and the deceased are embroiled in a divorce case that is pending in court. Among the contested properties are their house worth Sh400 million, which should be shared equally," Mr Murgor said.

The lawyer said his client’s Kitisuru house risked being grabbed because nobody was living there after police found Cohen's body inside a water tank in the compound last Friday. 

"Wairimu's housekeepers were chased away after the body was retrieved," claimed Murgor, even as he denied reports that the house had been handed over to Cohen's sister.

Wairimu has been in detention in connection with the disappearance of her estranged husband whose body was found after a two-month search. 

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