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{
    "id": 1444297,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444297/?format=api",
    "text_counter": 107,
    "type": "speech",
    "speaker_name": "Sen. Veronica Maina",
    "speaker_title": "",
    "speaker": null,
    "content": "is the formal one that is known by the public; the one which the wife is taken to weddings, church or shopping. Then, there is usually this concept of nyumba ndogo; the one that is secret, unknown by everybody. This culture could as well be very notorious in Kenya. These amendments will ensure that we do not have children who are not being taken care of when their fathers are walking free and may be happy. Mr. Speaker, Sir, as a society, we should not be creating despondency in these children. Therefore, it is important that every child is taken care of and every person who has fathered a child takes care of that child. They should not expect another person in another home to take care of their own Deoxyribonucleic Acid (DNA). It is putting the chips where they should fall; that if you have sired a child, then take care of the child. We are proposing this amendment and hope that the backlog of the cases we have seen in the Family Law Division will be sorted courtesy of better laws. Further, the case laws that are there inspired these amendments. The courts have already been holding judgments and following precedents that are aligned to this amendment. These amendments have been supported by many stakeholders. The Widows Association, Federation of Women Lawyers (FIDA) Kenya, among other different associations, have supported these amendments. This is because they are going to levelize the protection of rights of the children. Therefore, a wife who is not a wife, will not manage to claim anything under these new amendments. We will also eliminate discrimination against widows. Sections 35 and 36 of the current Law of Succession Act have been found unconstitutional for discrimination on the basis of gender. The Bill also seeks to ensure that the widow and the widower have their life interest in their estate and is determined upon their remarriage. This is a very sensible amendment because, for instance, if a woman Senator passes on and she had a mortgage and bought a home, she will leave that home to the husband. However, if this interest does not determine when he remarries, there could be a possibility that even that home will no longer be used for the children. This law will ensure that such a home will not be left with the interest of the widower, but in trust for the children of the woman who has passed on. That means it will bring justice and equity. I know there is one question that pends about matrimonial property. Supposing a property was defined as a matrimonial and a man passes on and the widow remarries in that matrimonial property, and in line with the judicial precedent that was held by the Court of Appeal the woman has The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}