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{
    "id": 1444313,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444313/?format=api",
    "text_counter": 123,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader (",
    "speaker_title": "",
    "speaker": null,
    "content": "Upon the demise, say, of the patriarch of that family, and this I have seen in practice in many places, even among the people that are representing this House, challenges usually arise. People are asked and you find members of the legitimate or what would be considered the family was formally married take to battle with the rest of the members of the family. This includes the woman who has been co-opted into the family and had children of her own previously before coming into that family. That is an area of challenge in so many other scenarios, and customary practices among the different people that are represented and form the society that is Kenya. Mr. Speaker, Sir, I have seen that struggle. First of all, many communities consider it taboo to go and resolve, say, land matters, through a court process. Many of them would rather have the village elders and members. It should first start with the clan members of a particular family where you are called and try and adjudicate. If you are unable to reach an amicable solution, you invite the village. If the village does not agree, then, eventually, people seek court interpretation. It was the High Court sitting in Kericho that made a very significant finding on the laws of succession with respect to land. Mr. Speaker, Sir, about six or seven years ago, that high court in Kericho ruled that women could as well inherit their fathers’ land, even when married, if they laid a claim to it. That remains, to the best of my knowledge, unchallenged up to date. There have been many families that have gotten into challenges with the application of that particular law. Therefore, for Sen. Veronica Maina to attempt to provide the legal basis and clean up of the various sections of the law with regard to succession, is quite commendable. I appreciate the industry that has gone into this Bill. I believe that it is in line with her practise as a lawyer that she has been able to point out many of these inconsistencies or functions of poor drafting of the law that has led to difficult interpretation and challenges with application of the law."
}