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"id": 1444372,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444372/?format=api",
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"speaker_name": "Sen. Mungatana, MGH",
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"content": "partners, whatever the case, and think about it. If something should happen and you or your wife is not there, what would be the best case scenario? Mr. Temporary Speaker, Sir, an example has been given here of the hon. Justice Majanja, who said in his will that he was going to be cremated, and that was done within a very short time or hours. I remember one of the other very famous bishops, Archbishop Manasses Kuria, also said that he wanted to be cremated and not buried. It was a shock to us, but these prominent Kenyans are communicating one thing. Let us plan as we live and also plan when we die. Let us do like they did. The most recent example is that of hon. Justice Majanja, who I proudly say is a product of the great Alliance High School, like myself. Plan and plan, so that in case this eventuality happens, what are we supposed to do? Who are the lawyers that we should go to? What are they supposed to do? Mr. Temporary Speaker, Sir, if we go that way, you will see that even these amendments that Sen. Veronica Maina is talking about here become things that we can deal with. This is because if you have properly planned how your matrimonial home should be treated upon your exiting from the earth, then we would not have the problems we have here. We would not even need to have this amendment as far as intermeddling is concerned. I thank Sen. Veronica Maina because she has thought about these amendments. She has brought them before this House. I want to emphasize the fact that we should plan. As we plan for being alive, let us also plan for when we have departed from this earth. If you look at the memorandum and objects of the Bill, this Bill is also discussing about court decisions that have been made by the High Court. The Constitutional Court has declared sections of the Law of Succession Act as being discriminatory on the basis of gender. The life interest upon remarriage was not lost for widowers. However, for widows, it was lost. Mr. Temporary Speaker, Sir, I know arguments have been made here for and against the African customary law as far as interpretation of this amendment is concerned. However, when we look at this carefully when you are alive and your spouse is alive, you say you have worked very hard, you have bought a property that you have given for rental purposes. However, it would be very unfair that if the husband were to pass away and the wife stayed three, four or five years and remarried, her life interest in that property gets lost. If the wife passed on, the life interest of the husband remains. Mr. Temporary Speaker, Sir, this is discriminatory and I thank the hon. Senator because it has come at a time when it is curing this discrimination. We are going towards an era where we need to recognize that our partners are part and parcel of ourselves. The law now must move in that direction and recognize the position of our women. Just two weeks ago, we were in the Pan-African Parliament. One of the things that was being debated at the Continental Parliament was the question of gender discrimination in leadership, property ownership, appointments and even in the financial sector. This Bill is one of those that is trying to bring that equity that we have been talking about for a long time. 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."
}