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{
    "id": 1444378,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1444378/?format=api",
    "text_counter": 188,
    "type": "speech",
    "speaker_name": "Sen. Veronica Maina",
    "speaker_title": "",
    "speaker": null,
    "content": "This is where this question of succession comes in. However, this law does not by any chance make it easier for people to determine that they will get married because they want to inherit property. Indeed, property should be the last thing that people should be considering. Marriage and the choice of spouses should be based on love and God's command, not on the urge to acquire property. If someone just wants to acquire property then they would rather look for business ventures, but not tuck and hide behind marriage. I quite agree with you. However, at the onset, I would like to clarify that what we are introducing is an amendment to the Law of Succession Act. It has been in existence before this amendment and it guides the courts on how the estate is being distributed. I do not see these amendments encouraging people to treacherously look for spouses - either men or women - to marry just because they want to acquire property. However, in the event of a demise, which would be an unfortunate incidence, then there is a guideline in law to show how that property should be distributed. Sen. Kavindu Muthama raised an important question of how in-laws sometimes can become wild and chase out the family. For that, there is protection being offered by the amendments, which would maybe deal with these issues. We hope that we can clarify the law until we are in a happy state where the implementation is easier. She also raised the need to amend the Matrimonial Property Act, 2013. That is an important debate because we know there is jurisprudence that has come from the Supreme Court regarding how it determines the contribution of each spouse towards a matrimonial property and the definition of matrimonial property. That is a challenge that we will be taking on. Sen. Mandago raised an important issue on cultural practices that we need to consider. Are there principles within cultural practices that we need to reduce to help us improve our jurisprudence or even legislation? Definitely, that will be taken up. Sen. Mungatana, MGH, has also brought up the question of gender equality, which is the trend that the world is taking, including at continental and global level. That we make it level for both genders to be treated equally in order for all to enjoy. This also brings out the need for people to plan and reduce their wishes into a will and includes how to prepare a will and where it will be deposited. In fact, one of the Senators asked whether we should have a registry for wills. For the time being, once a will is written down, it can be deposited with your lawyers, in the bank or in a safe place where you know that the person holding it has integrity. Even when the family says ni mama au baba fulani keeping it in custody, it is credible, believable and will not be treated as a fraud. I have taken into consideration all these proposals and the need to further refine the amendments. I will be presenting them to the Standing Committee on Justice Legal Affairs and Human Rights (JLAHR), so that at the Committee of the Whole stage, we can effect them. When the Committee brings the report, they will then be considered wholesome and we can clarify the critical issues such as the issue of children who are not born by the spouse. For instance, if a woman gets married with two children who do not belong to 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."
}