This problem is based on intestate succession as provided by the provisions of the Law of
Succession Act.
In this case it is apparent that Mokua had a child Joash hence the provisions of section 35
(1) of the Act applies.
Kemunto is entitled to:
(i) All personal and household effects of Mokua absolutely.
(ii) A life interest in the remainder of the net intestate estate.
(iii) The power of appointment over the net intestate estate of Mokua.
If Mokua had no child, Mokua's net intestate estate would devolve in accordance
with the provisions of section 36 of the Act and Kemunto would be entitled to:
(i) The first Kshs 10,000 out of the net intestate estate or 20% thereof
whichever is greater.
(ii) A life interest in the residue of the net intestate estate.
(iii) All the personal and household effects of Mokua absolutely.
maurice.mutuku answered the question on May 1, 2018 at 12:06
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