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{
    "id": 914861,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/914861/?format=api",
    "text_counter": 96,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "very important and welcome amendment. It is one of the things that he will be remembered for as the Member for Juja. This should not be the case. The assets of the borrower should be sold first as he is the main beneficiary. This is a small Bill, if you have a copy. It says that the assets of the borrower must be realised first because he is the one who benefitted. The guarantor did not benefit. He helped you out of goodwill maybe because he is your relative or friend. He helped you when you were in distress. There is need for this amendment Bill to ensure that the assets of the guarantor are protected. That is another principal p objective of this Private Members’ Bill. The assets of the guarantor should be protected and can only be realised once the assets of the borrower have been exhausted. In a case where the borrower’s assets have been exhausted and the amount of money has not been recovered in full, you can then go for the assets of the guarantor of the loan. Clause 1 of the Bill provides for a short title. Clause 2 provides for the amendment to Section 3 of the Law of Contract Act Cap.23 to provide that before a creditor pursues a guarantor in law, he or she should first realise the assets of the borrower. The Chair of the Departmental Committee on Justice and Legal Affairs was here, the Committee Members are here too. The Departmental Committee on Justice and Legal Affairs tabled its Report on the Floor of the House on 30th April 2019 which contains recommendations that will guide the House in considering this Report. The Committee in its Report has also agreed with the Bill and I urge Members to do the same. We will deal with the matter of the Senate later in the afternoon or on Tuesday. The Constitution is very clear. There is no lower House or upper House. The Constitution clearly states the mandate of the National Assembly and the mandate of the Senate. I was shocked yesterday when we were in Mediation Committee and the Senators were saying that wherever the word “Parliament” appears in a certain Bill, we must remove it and put the words “National Assembly and Senate”. In fact, some were saying that we should rename the Senate as the National Senate. They have realised the issue. This is a very important law. We are the ones who represent the people of Kenya. The sovereign power of the people is delegated to the National Assembly. The Senate is supposed to deal with a corporate entity called counties. The sovereign power of the people of Kenya has been delegated to their representatives in this House. For us to make sure that we protect guarantors and deal with borrowers, we must pass this law and support it. I beg to move and ask the Member for Tharaka to second."
}