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{
    "id": 5934,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/5934/?format=api",
    "text_counter": 447,
    "type": "speech",
    "speaker_name": "Mrs. Odhiambo-Mabona",
    "speaker_title": "",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "Madam Temporary Deputy Speaker, I want to thank the Attorney-General for moving this Bill. I want to thank the Attorney-General for bringing this Bill. While appreciating the efforts of the Attorney-General, however, for purposes of records and for information of the public, I would have loved to know why we are bringing a new Partnership Bill when there is already an existing one. What was the mischief or what is the mischief that we intend to cure by bringing up a whole new piece of legislation? I hope that in his response, he will address himself to some of those issues, especially for purposes of record. However, I would request him just to bring the Bill in conformity with the current Constitution to use terminology and wording that is in conformity with the Constitution; such wording as “Minister”. We should use wording that is more in tune with the current Constitution. I also want to note that this is a good initiative, especially in relation to members of the public. I would want to speak, especially in the legal sector that we know that a lot of lawyers get into partnerships and when the partnerships break which is often very acrimonious, you find that the interests of the clients are not taken into account. Only very recently, we saw a case of a lady who had been taken back and forth by lawyers for a period of over 10 years simply because a partnership had collapsed. It is only until the matter came before a Parliamentary Committee that we intervened and the lady was paid. The only reason she was not being paid is because of the acrimonious nature that the partnership was dissolved. I would, therefore, want to encourage him that as much as he is putting a lot of emphasis on the partnership and the relationship between the partners, he should also put a lot of emphasis on third parties that are likely to be affected by the actions of the partners. Again, I want to talk on the issue of trust in Clause 18. I am happy that we are talking about the issue of partners owning property in trust on behalf of the others. However, I would want to say that speaking, especially in relation to women who may be affected when their husbands are in partnerships, sometimes it happens to men, but in the majority of cases, it happens to women. That, when your husband dies and he was in a partnership, most of the partner get quiet and they do not inform the families and spouses of the other partners about the benefits that they may be having in the partnership. So, in order to protect this, the law presumes that all Kenyans have information about the law. We need to have laws that are self-executing and where you do not put the onus on ensuring the law is executed on the public, but on the law itself. Let us put the onus on the law and not on the poor innocent Kenyans who it will take a while to understand that we have come up with a new Partnership Bill that will be regulating partnerships."
}