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{
    "id": 1093864,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1093864/?format=api",
    "text_counter": 355,
    "type": "speech",
    "speaker_name": "Sen. Halake",
    "speaker_title": "",
    "speaker": {
        "id": 13184,
        "legal_name": "Abshiro Soka Halake",
        "slug": "abshiro-soka-halake"
    },
    "content": "the laws are aligned and that we have proper access to justice for the women who are affected. We also noticed lack of awareness. The Law of Succession has been in existence for over three decades. Like I said, it is a law of 1981, yet women continue to suffer human rights violations. They are not even aware of the provisions of the old law. For example, under the Act, despite the provision on daughters’ rights to inherit, many are unable to claim this right due to lack of awareness on the existence of the law and unresponsive Government institutions that have not taken time to create the awareness. For as long as people do not know and end up being governed by customary laws that are punitive, they cannot even claim the rights and especially the girls. Based on the analysis, various interventions were seen as being required of Parliament, the Judiciary and other Government agencies. In consultation with stakeholders, we decided to embark on harmonizing The Law of Succession Act, Cap 160, to ensure it conforms with the provisions of the Constitution of Kenya, 2010. In addition, Mr. Temporary Speaker, Sir, as an oversight body, Parliament should monitor Government agencies and ensure women’s property and inheritance rights are protected. This is what this amendment is about. Again, there is also need for the Judiciary to be tasked with the duty of enforcing and interpreting laws to create jurisprudence that promotes women’s land and inheritance rights. In addition, it should review the law of succession to ensure it promotes access to justice for women. Again, this puts responsibilities on the Judiciary as well and not just Parliament. As parliamentarians, we have taken our responsibility in the form of amendment proposals to the Law of Succession Act, Cap 160. Other Government agencies, including the independent constitutional commissions, should create awareness to existing laws. They need to ensure Non- Governmental Organisations (NGOs) provide legal aid programmes to ensure people are aware of their rights. Where those rights have been flouted, then they have access to justice. There is a raft of things that need to be done for women to get their rights under Cap 160 of the Law of Succession. Having said that, the focus of this is not for everybody. We are just mentioning that the Law of succession has provisions that protect women but we need to ensure it conforms to the law. The Bill is an old law created by a Commission that was set up in the 1960s and then enacted in the 1980s. It is about time it conforms. Mr. Temporary Speaker, Sir, Cap 160 of the Act is the core applicable law in Kenya regarding succession. The Succession Act provides the law for testacy, which refers to somebody with a will. It also covers intestacy succession where there is no will. The Act contains provisions that advance discrimination of women such as exempting certain areas from the application of the intestacy rules, leafing cases where one dies without a will, to be subject to customary laws. In most cases, it is not that favourable to women."
}