HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1444307,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444307/?format=api",
"text_counter": 117,
"type": "speech",
"speaker_name": "Sen. Manzo",
"speaker_title": "",
"speaker": null,
"content": "There is also the issue of when a woman passes away and she is the owner of everything. The man could have sired other children elsewhere. It means that even when the man goes away, his properties should be left with the widower. Mr. Speaker, Sir, then it also means there are others who will come and claim, those who were not part of it. So, how do you determine how the children of the lady who passes away benefit? Suppose the lady passes away and before even succession issues are sorted, the man passes away and then other children arise. Each case has to be dealt with on its own merits, circumstances and it will be in my own opinion, very difficult to fix strictly all the succession and marriage issues to one place. There is the issue of community land. We now have law relating to community land and this means no particular person has a title or is fully entitled to that land. How does succession interplay with this and within that community? Suppose some of the children sired out of marriage or within marriage do not belong to that community. Then there is the issue of a father or a mother. A son passes on and the property, if he had any, is given to the father while the mother is alive. I believe that introduction could help, so that the two of you benefit. I do not even know what was the wisdom of leaving it to a father alone because, it could be a son or a daughter who passes on; a child, or as somebody has said. A lot of these scenarios play in the courts where a daughter passes away and she was not married, she had no children and had property. Whether she was married or not, other people make claims on that and then, probably whatever would be the net estate then could come to their family where she was born. Mr. Speaker, Sir, these are very interesting matters which are mind-boggling to judges when they are trying to determine them. This is an area of law that is very debatable. The proposals are a good attempt. There is this scenario when a widow remarries. Somebody passes away, leaves a widow with a lot of property, then within a year or so, she is now married to a new man. What would be the entitlement? Will this property go back to the parents, or will it now move to the new man? This is because she is likely to lose all of it to the new man. There are so many questions which you cannot get answers to unless you deal case by case. I would like to support my senior and friend, Sen. Veronica Maina, but we need to look at this law more, add further details during the Committee Stage, so that we can come up with all the scenarios applicable. In Africa, the applicable culture is amazing. Community to community, there are different cultures which come to play. It is clear what must happen when it comes to the Islamic Religion. However, when it comes to succession and the African culture, there are many other issues that come up. As long as that culture is not repugnant to justice, it probably will be applicable. Therefore, Mr. Speaker, Sir, I beg to support because it is my friend, Veronica Maina, and she is likely to persuade me. However, we really need to think and even employ experts, and probably hear a lot of other opinions. I do not know what happened on the public participation. Probably, succession courts would have given a very big input into this, depending on the cases they have gone through and how wisely they have gone around them. 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."
}