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{
    "id": 463090,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/463090/?format=api",
    "text_counter": 543,
    "type": "speech",
    "speaker_name": "Hon. Baiya",
    "speaker_title": "",
    "speaker": {
        "id": 8,
        "legal_name": "Peter Njoroge Baiya",
        "slug": "peter-baiya"
    },
    "content": "suffer certain consequences relating to property merely because somebody has entered into a marriage. The same goes for the women. In the same way, we have seen a lot of injustices arising as a result of uncertainties within our law. Besides the cases being cited, I have seen cases where a lady in my constituency, a teacher, got a loan from her employer and bought property. The property was about to be mortgaged but she saved the marriage. Eventually it ended up being in the husband’s name. When, however, it comes to disputes relating to marriage, she has no means to prove that she has made a contribution merely because the property is registered in the husband’s name. Madam Temporary Deputy Speaker, the law as it is now, we are going to make sure that such conflicts do not arise even if the property is registered in the name of the man or woman. The other one could go to court and seek to prove her contribution in the past, either monetary or otherwise. This principle of contribution has also been debated within our courts and has borrowed a lot from the other jurisdictions. The basic principles are very clear and they do not render themselves of any confusion. If you are living with a spouse and she has made a contribution it may be that by supporting your children it is giving you the full opportunity to invest in properties. In the event there are any disputes, for heaven’s sake it should not be allowed for any of the spouses by virtue of legislation to punish the other. Usually, when there is a conflict the parties try to use that conflict to settle scores against the other. This law is going to make sure that the settling of scores between spouses is not permitted. This has given the tools through which the judges will be able to come up with innovative solutions to ensure that justice is delivered. A country can only be as strong as the kind of families it is able to support. This law is going to make sure that the rights of respective spouses in marriages are crystallized, clear, predictable and certain. If somebody wants to get in marriage, they will be sure of the consequences. There will be very few surprises. That is what will make parties come into serious relationships and foster long lasting relationships that will motivate them to do their best. It is the society that suffers as a whole when there are these uncertainties and not just the women. This law is meant to strengthen our families and relationships. It is an important law. Nevertheless, it is capable of being improved. At the Committee level we have looked at some of these things and we will bring some amendments to ensure that the law is refined so that we give the country a Bill that will foster relationships between spouses."
}