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{
"id": 1444298,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444298/?format=api",
"text_counter": 108,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
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"speaker": null,
"content": "contributed, 30 per cent, what you determine at the point when this man remarries is the portion in that matrimonial property that belonged to the woman. The portion that belonged to the man who is now a widower will still be retained by the man. For instance, if the woman would have demonstrated to the court that 30 per cent of that property was contributed to and she was entitled to an apportionment of it, it will then be determined in favour of the children of the woman or man who has passed on. This law does not seek to bring inequality but equality. I also wish to note that the court had previously found Section 39 to be unconstitutional insofar as it gives the fathers the priority when it comes to inheriting the property of their deceased children. It now means that the father and the mother of the deceased child will be able to inherit. Mr. Speaker, Sir, notably, there is a Clause in this Bill that has excluded community land from the ambit of succession. There are some counties where community land has been excluded from the family law in succession. For instance, in pastoralists communities like West Pokot County or parts of Kajiado where there is community land for grazing, it cannot be subject to the provisions of Law of Succession Act. This means that the amendment is not breaching the rights under community land. The community land continues to be protected beyond the ambit of these amendments. Mr. Speaker, Sir, I pray and hope that my colleagues, Senators in the House today, would find the sense in the proposed amendments and support them. This is so that surviving spouses and children will no longer be ejected from their matrimonial homes. Instead, we will see more compassion from the society, relatives who have, in other instances, taken advantage of such vulnerable families. If the definition is opened, ejection would mean, for instance, somebody who had access to accounts of a deceased person and interferes with it. For some reason, when there are disputes within a family, you would find spouses entrusting outsiders with their resources. They make them attorneys to sign bank accounts because they cannot entrust their spouses with it. The intermeddling will mean that if a person who has access to sign accounts for that man or woman who is now deceased and decides to clear that account, this Act will reach out and punish such actions. There has been a debate on what should be the penalty of a person who intermeddles with the property of the deceased. I am sure when we come to the Committee of the Whole, we shall look into the appropriateness of that account. This is because fining Kshs10,000 is not good enough. I am aware that the Committee on Justice, Legal Affairs and Human Rights should have presented a report, which is still coming. I was duly advised that the report can come now or during the Second Reading because it will inform the debate. I am sure the Chairperson of the Committee on Justice, Legal Affairs and Human Rights will put his comments on these amendments. So, by and large, these are good amendments and it is my hope and prayer that Senators will support them. The Bill clarifies the issues that have been bringing a lot of pain unabated for very many years, so that we can then have more sense into the distribution of estate, protection of children's rights, protection of women, gender equality in terms of succession and treating mothers 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."
}