Director of Criminal Investigations (DCI) George Kinoti now wants persons implicated in murder constitutionally barred from inheriting the property of the deceased.

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Kinoti is banking on section 96 of the Succession Act to block suspected murderers from the inheritance, as he seeks to make those planning to kill over the property to think twice.

The law which has been in existence for years indicates that in such cases, the killer is considered to have died immediately before the deceased.

It states that if found sane and mentally stable, the killer cannot in any way enjoy a portion or all of the estate left behind by the deceased.

“Notwithstanding any other 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," it reads in part.

Kinoti on Thursday accused lawyers of applying the statute selectively to favour their clients, adding that he will be seeking its revival to deal with murder suspects.

“There is nothing new that we are saying. We are moving to enforce existing law. The fact that people have been ignorant of the law does not make it null and void. It’s a pity that lawyers in the country have been applying this law selectively," he told the People Daily from Tanzania.

However, Law Society of Kenya President Allen Gichuhi poled holes into the remarks, saying that the specific part of the law can only apply where the suspect is found guilty.

Kinoti's move comes amid the ongoing investigations revolving around the murder of Dutch tycoon Tob Cohen, whose widow Sarah Wairimu is being held as the main suspect.

Wairimu who earlier in the week demanded to be released on bail to pursue half of Cohen's property has since said that she will not be attending the reading of his will reading.