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{
    "id": 1054102,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1054102/?format=api",
    "text_counter": 308,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " I have lost the momentum. Hon. Kaluma is dealing with something called “opportunistic schemers” who, in his opinion, seek to disenfranchise the legitimate owners when somebody dies. This proposal must be well thought out so that we do not pass a law that will disenfranchise legitimate heirs to the properties of deceased persons. We must be very careful. This law must balance the intended objectives, taking into account proposals and scenarios that may arise in any case. We have a number of issues. I want him to convince us. He is seeking to introduce a new definition of the term “spouse” as used in the Marriage Act. Hon. Ghati, you should be number one. What is the difference between his definition of a spouse in this Bill and the one in the Marriage Act? Unless my understanding of the law is wrong, I ask Hon. Kaluma and other learned friends in this House to confirm that Clause 2 of this Bill does not refer to the correct definition of “spouse” as defined in the Marriage Act. Please, get me right; it is erroneous. The definition of “spouse” in Clause 2 is not in tandem with the way it has been done in the Marriage Act and hence is erroneous. We can change it during the Committee of the whole House. Secondly, Clause 3 of the Bill seeks to amend Section 29 of the Law of Succession Act. Hon. Kaluma, you are amending Section 29 of the Law of Succession Act in Clause 3.You are substituting the definition of “dependant”. By the time I finish, women in this House will oppose this Bill. Hon. Kaluma’s Bill wants to exclude a former wife or wives as dependants. What happens with this law once passed? For example, you were in marriage with a woman for 30 years. She bore kids with you but you, unfortunately, divorced each other. A year after the divorce, you married again and shortly thereafter you pass on. It will mean that the woman you spent 30 years with as your legally married wife shall not be recognised by law. A woman you were married to for 30 years but divorced and re-married for two years and, unfortunately, you die cannot access any of your properties."
}