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{
    "id": 588845,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588845/?format=api",
    "text_counter": 81,
    "type": "speech",
    "speaker_name": "Hon. Bunyasi",
    "speaker_title": "",
    "speaker": {
        "id": 2511,
        "legal_name": "John Sakwa Bunyasi",
        "slug": "john-sakwa-bunyasi"
    },
    "content": "Certainly, the limits are somewhat low particularly the lower end limits where the Resident Magistrate handles cases of only up to Kshs2 million. In principle, I would have been much happier if these specifics were not part of the law, but were left outside with the powers to set them and vary them over time. There are a number of other areas where they define the jurisdiction, for example, Clause 7(3)(a) through (d), that are extremely important. Land questions and the disputes in land issues are changing in nature. In the olden days, it was the process of inheritance that was predominant. But now increasingly, we have many land transactions. There is not always sufficient clarity on land transactions plus the risks of those who know how to take advantage of those who do not know. The changes that were made in the land law, for example, requiring spouses to give consent, are of tremendous value, so that there is no taking advantage even within households between one spouse and the other. It is a good thing to allow this to go before the Magistrates Courts when there are disputes because it will be a lot closer to the people and they will use modern law to determine this, perhaps, with the flavouring of what the traditions might be in place. That ambivalence over the years has been a problem and I think this will help to chip it away. Hon. Speaker, the issues of marriage, divorce, spouse maintenance or dowry are also major parts. Even for us leaders who are not in the judicial system in any way, you frequently get those kinds of problems. As I speak, I went through a weekend in which I had to rescue a lady who was in the throes of a major dispute that could lead to either divorce or such complications. As the courts get closer, not that the courts are the best arbiters in the final place, but you can get lasting decisions that are enforceable in a modern court of law as opposed to the murky darkrooms of elders, as it sometimes happens."
}