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{
    "id": 768397,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/768397/?format=api",
    "text_counter": 289,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Clause 10 proposes to amend Section 11 of the principal Act. What does it do? It deals with the function of enhancing the capacity of the Public Trustee to decide on disputes in relation to summary administrative matters. So, he gets certain powers in as far as making a decision when it comes to dispute in relation to summary administrative matters is concerned. Clause 11 of the Bill proposes to amend Section 12 of the Act in order to reduce the time taken for the advertisement of claims from two months to one month and dispense with the requirement of advertisement of matters proceeding to court. Even in the last Parliament, if you look at a number of the laws that this House was making, we must deal with the time factor, particularly when it comes to the low cadre of our society, that is, people whose resources are managed by other people. So, we have reduced from two months to one month. It also provides for keeping of funds in an unclaimed assets account where the Public Trustee is unable to distribute the funds or what his role is in as far as concluding the administration of any trust is concerned. Clause 14 of the Bill enhances the functions and duties of the Public Trustee. Clause 15 deals with an amendment to Section 21 of the Principal Act in order to redefine the description of persons who are of unsound mind or who are lunatics and who must be paid. So, you see this Bill is dealing with even Kenyans who fall within this Public Trustee and who cannot make decisions because, maybe, they are of unsound mind or are lunatics. So, the law even protects that category of Kenyans. That is why this amendment to this principal Act is important and I really thank the Government of Kenya for seeing it wise to bring this Bill as a Government. It has passed through the Cabinet. Clause 16 of the Bill proposes to amend Section 25 of the principal Act. This is to empower the Public Trustee to compel the production of documents. There are situations where people do not want to cooperate. There are situations where in fulfilling his functions, certain institutions or individuals do not want to give documents for him to administer those resources. So, Clause 16 is amending Section 25 and it gives him powers to compel, of course, also within Article 35 of the Constitution on access to information. Clause 18 of the Bill proposes to amend the principal Act by inserting two new sub- sections immediately after Section 27. Section 28 which is being inserted will deal with applications of unclaimed assets from applying to the Public Trustee and Section 29 empowers the Pubic Trustee to apply alternative dispute resolution mechanisms in dealing with compliance with the constitution. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}