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{
    "id": 1091942,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1091942/?format=api",
    "text_counter": 349,
    "type": "speech",
    "speaker_name": "Sen. Halake",
    "speaker_title": "",
    "speaker": {
        "id": 13184,
        "legal_name": "Abshiro Soka Halake",
        "slug": "abshiro-soka-halake"
    },
    "content": "There were very many laws that the Constitution required legislators to implement. All laws have now been implemented except those that are facing women including the two-thirds gender rule. In fact, out of the schedule that listed the laws to be amended or implemented as obligated to the House by the Constitution, it is only laws that face women that have not been reformed. The two-thirds gender rule is a glaring example of the hurdles that laws directly affecting women face. Everything else has been put in place and implemented except that one. However, beyond that, all the other laws that needed reforming or are out of sync with the Constitution of Kenya 2010 such as the law of succession which were set by a commission that was set up in 1968 and the law implemented in 1981, there is no urgency for laws that are facing women to be implemented or reformed. That is why there is an urgency for us to make sure that the Law of Succession (Amendment) Bill (Senate Bills No. 15 of 2021) law. Mr. Temporary Speaker, Sir, this Bill is urgent and so it deserves the attention of the Senate and the National Assembly. This Bill deserves to be given the urgency so that vulnerable women do not get disenfranchised. As I said yesterday, the Law of Succession (Cap. 160) has progressive provisions, which are aimed at promoting women’s inheritance rights. However, the same law also have grossly discriminative provisions and fails to adequately the rights to women. The following are the shortcomings of the Law of Succession (Cap. 160). I will not go into details but I will list them so that we can aide-memoire or aid ourselves to remember. The Law of Succession (Cap. 160), is in conflict with the Constitution of Kenya 2010, yet the Constitution is the supreme law of the land and any law including customary law that is inconsistent with the Constitution is void to the extent of the inconsistency and any act of omission in contravention of this Constitution is therefore invalid. For that reason, I have listed the sections of the Law of Succession (Cap. 160), that are in contravention or conflict with the law such as Sections 2,3,32, 33 and 36 (1) which discriminate against quite a number of issues which have now been taken care of under our Constitution and other progressive laws such as the children born out of wedlock, the rights of women, children and widows as well as discrimination against Muslims. The provisions listed do not conform to the equality provision under Article 27 of our Constitution. Mr. Temporary Speaker, Sir, in addition, our Constitution states that the rules of international laws shall form part of the laws of Kenya. Similarly, any treaty or convention ratified by the country also forms parts of the laws of Kenya."
}