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{
"id": 1091292,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1091292/?format=api",
"text_counter": 240,
"type": "speech",
"speaker_name": "Sen. Halake",
"speaker_title": "",
"speaker": {
"id": 13184,
"legal_name": "Abshiro Soka Halake",
"slug": "abshiro-soka-halake"
},
"content": "The Act must therefore conform to the current regime. For example, with the Matrimonial Property Act, 2013 in place, the Act should recognize matrimonial property and make provisions for its distribution upon the death of the spouse. The Constitution calls upon Parliament under Article 68(2)(6) to protect the dependents of the deceased persons holding interest in any land, including the interest of spouses in actual occupation of land which is yet to be achieved. There is a gap in the Law of Succession Act (Cap. 160) of the existing laws. Those concerns became a concern for women of this country and a concern for us who are here in the interest of women, in the interest of special groups such as women, people with disability, pastoralist communities and other vulnerable communities, on whose behalf we are here, in this House. Key policy concerns which occasion the amendment include certain conflicts with Section 2, 3, 5, 32, 35(5), 36(1), 39(1) of the Act which discriminate children who are born out of wedlock, women and the rights of girls and widows. These provisions do not conform to the equality provisions under Article 27 of the Constitution of Kenya, 2010. In addition, rules of international laws are to form part of the laws of Kenya as per our Constitution and any treaty or convention ratified by Kenya shall form part of the laws of Kenya. The discriminative provisions are against regional and international human rights instruments that Kenya has ratified, including International Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa; the Maputo Protocol. This law is not just old, but it is disconnected and discriminatory. It needs reforms. The Law of Succession Act does not conform to the existing laws and that is what has occasioned this amendment. I want to list some of the laws that it conflicts with after the promulgation of the Constitution of Kenya, 2010. Parliament embarked to review and enact legislation that will conform to the Constitution of Kenya and support the implementation of the Constitution. Key legislations that promote the respect of women and land rights include the Land Act, No. 6 of 2012, the Land Registration Act, No. 3 of 2012, the Matrimonial Property Act, No.49 of 2013 and the Community Land Act, No.27 of 2016. Whereas the Marriage Act, No.4 of 2014 and Protection against Domestic Violence Act, No.2 of 2015 are all progressive, but there is a disconnect with the law of succession. Matrimonial property and community land must, therefore, be recognized in the law of succession and that will offer better protection for women. In addition, the recognition of marriage regimes under the Act will offer better security for women. That is the background to which the Law of Succession Act Cap. 160 is being reformed and amended."
}