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{
    "id": 1093862,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1093862/?format=api",
    "text_counter": 353,
    "type": "speech",
    "speaker_name": "Sen. Halake",
    "speaker_title": "",
    "speaker": {
        "id": 13184,
        "legal_name": "Abshiro Soka Halake",
        "slug": "abshiro-soka-halake"
    },
    "content": "I do not want to talk about the CEDAW because I mentioned that. I will look at non-conformity with existing laws. After the promulgation of the Constitution of Kenya, 2010, Parliament embarked on reviewing and enacting laws that conform to and support the implementation of the Constitution. Key legislations that promote the respect of women land rights include: The Land Act No.6 of 2012, which is progressive; The Land Registration Act No.3 of 2012; The Matrimonial Property Act No.49 of 2013; The Community Land Act No.27 of 2016; The Marriage Act No.4 of 2014; and, The Protection against Domestic Violence Act No.2 of 2015. I listed this to show that whereas there exist such progressive laws that have come in place, these are new laws that have been aligned to the Constitution, 2010. The Law of Succession that is stuck in time, patriarchy, colonialism and disconnection with what we have today, be it the modern family, our Constitution or modern laws that I have listed here. The Matrimonial Property Act defines matrimonial property as household goods and movable and immovable property jointly acquired during a marriage. Rights and responsibilities of spouses are recognized by the law. The Act should therefore adopt the definition and concepts of matrimonial property especially in determining distribution of a deceased estates. We noticed a disconnect in the definitions. Therefore, this amendment Bill seeks to ensure that the right definitions are used because there is so much in a name. Mr. Temporary Speaker, Sir, a number of women in Kenya live in communal setups where land is governed by the Community Land Act. The Act gives equal rights and benefits to all community members including full and equal enjoyment of rights of use and access by women. The Community Land Act recognizes inheritance of community land. The Act should make provisions of how property in a communal setup should be distributed when one dies. The Act does not define marriage. This has seen different judicial interpretations. Therefore, it is incumbent upon this House to make sure that the definitions are correct,"
}