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"id": 34180,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/34180/?format=api",
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"type": "speech",
"speaker_name": "Dr. Khalwale",
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"speaker": {
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"legal_name": "Bonny Khalwale",
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"content": "Madam Temporary Deputy Speaker, I rise to strongly support this Bill because it advances an idea whose time has not only come but given a chance, should have come much earlier. If this Bill sails through, I will dedicate it to the former employees of the East African Community with special reference to my own brother, Sylvester Imbali Khalwale; my cousin, Alfred Mulema; my brother Adrian Muteshi Ayisi and, of course, my cousin, Dr. Henry Mima. These are people who worked with the East African Community either with the defunct East African Airways, East African Railways and East African Post Office. My brother was an accountant in the Kilembe Mines, but because of lack of this kind of law, his money still lies with the former East African Community. The three countries of the East African Community shared assets and the money which was meant to pay these people was brought to the Government of Kenya. However, because of lack of law and the culture of impunity in this country, these very gallant sons who worked in the Community still remain unpaid. There are, of course, weaknesses in the judicial system and serious deficiencies in the statutes of this country which continue to leave many Kenyans helpless and hopeless. This is the real reason why we should move with speed to help such hopeless and helpless Kenyans who have money held up in unclaimed assets. Madam Temporary Deputy Speaker, there are many incidences in this country where Kenyans have been fleeced by unscrupulous individuals and institutions because of ambiguity in our laws ranging from privatization of State Corporations; IPOs; collapsed banks like the Trade Bank, Exchange Bank, Trust Bank, The Urban Rural Co- operative Society, many other savings societies and, of course, now the unclaimed assets. It is very unfortunate that in this age and era, the monster of unclaimed assets is exacerbated by the following reasons in my view. First, there is the issue of financial illiteracy amongst Kenyans. It is so serious that even doctors of medicine like me are not financially literate in the very meaning of the word. If that is the case, what do you expect of the people in rural areas with limited education? Because of the financial illiteracy, they are exploited and their money will forever remain locked in unclaimed assets. We also have the challenge of limited access to education by the girl child. This means that if a man marries below the academic ladder, you will find that the man works here in Nairobi but when he dies, because the wife was, probably, a Standard Seven dropout, the poor girl will be taken through several offices in Nairobi and when she now wants to make progress, she approaches a cousin in the family to do a follow up for her. By the time the cousin comes to Nairobi, he would have claimed favours from this woman some of them which are not culturally becoming. We also have the challenge of road traffic accidents especially where those accidents claim both parents. What then happens is that the little children who are left behind, in their ignorance and vulnerability, they have nobody to do a follow up for them and the money will forever remain unclaimed. Then, of course, latest, we have the challenge of the scourge of HIV/AIDS. Usually, this scourge would take both parents and if the road accidents that kill both parents, you will find that the orphans are left uncatered for and they are stuck. They do not know who can bid for them. Madam Temporary Deputy Speaker, without annoying my former college mates who qualified as lawyers, there is also the challenge of the advocates. Some of the lawyers, and with all due respect - my son is a lawyer - and so I would have no intention of imputing bad motives against the profession, just refuse to settle claims and yet the money is there. My brother, Mr. James Orengo, had an opportunity to come across such incidences where a lawyer just refuses to pay. In other incidences, the lawyer underpays the claim. This is part of the unclaimed assets that we are worried about. I can see Mr. Wetangula fidgeting and looking like I am speaking about something that does not exist. Allow me to inform him that it is because of what I am saying that we have disciplinary action within the Law Society of Kenya (LSK) against lawyers with this kind of attitude."
}