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"id": 266300,
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"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 47,
"legal_name": "Mutula Kilonzo",
"slug": "mutula-kilonzo"
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"content": "“(a) spousal rights over matrimonial property; (b) trusts including customary trust.” Those lawyers who are sitting here including hon. Orengo, because we have practiced this law over a long time, you will remember that when an African man owns land and then he passes away and he had five children, if it happens that the title is registered in the name of the children to the exclusion of the others, all these children have been disposed. You will have to go to court to get an order that the first born who owns family land is holding it in trust for you. But now we have expressly put it here including rights of way, water and profits subsisting at the time of first registration. Therefore, I do not need to read all of it. I just want to draw the Members’ attention to this, so that we can continue telling the country how quality law this is. The last one that I want to draw our attention to and it is not because there are not many others because there are, is the question of unsecured creditors. Clause 51 is such fundamental again, departure from the past. Allow me to read it so that the Members can appreciate where I am coming from. “The court may order that any interest in private land acquired or received under or through certain prejudicial dispositions of those interests in private land made by a debtor or the value of those interests in land be restored for the benefit of unsecured creditors and the order made under this section shall not increase or prejudice the value of any security owed by a creditor over the interest in land of the debtor”. This is another area where our people have suffered greatly, where, for example, you are an unsecured creditor but the bank has taken either a mortgage as it is called or a charge, it crystallizes and after crystallization, the matter goes to the so-called receivers. Their work in this country has been to sell that land and snap you if you do not have any security, but now, for the first time, again in the country’s history, we are recognizing, and allow me to use this phrase because it has been introduced in the country’s language, it is called “ hata mnyonge ana haki” . That is through the Commission on Administration of Justice. I sincerely recommend this law to the country. I recommend that you do not have to take a holiday to go and think about it. I recommend to the Members that we enact this into law this afternoon. I beg to second."
}