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{
    "id": 936236,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/936236/?format=api",
    "text_counter": 357,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang'",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "Many-a-time when there is an inheritance question, that is when children who were previously unknown, come into the picture. It is also when spouses that were previously invisible come into the picture. This has happened to many families, large and small. At times, we focus on the embarrassment that is visited on the larger families. This is because we have made it a habit, that even succession issues and litigation on inheritance, when they go to the traditional judiciary, matters are prosecuted in the open. I believe and hope that once we pass this Bill, those involved in such cases, particularly the magistrates and judges, would point out to ADR as the first port of call before they go ahead with the other traditional litigation that we have seen in our courts. Secondly are issues to do with land. Every community has got a way through which they used to deal with land disputes. Even though we have the Land Act and a Chapter on land issues in our Constitution, the modern approach and what I call the ‘English’ and ‘European’ approach to land disputes, is insufficient to take care of the variety of nations and communities in this Republic that have, over the years, evolved ways of dealing with land disputes. Mr. Temporary Speaker, Sir, one of the areas where we constantly see conflict that has never been settled through traditional or contemporary judicial processes, is in the pastoralist areas. Those communities believe that land was given to them by God to graze their animals and to sustain and fend for themselves. We then introduce this Western concept of land tenure and ownership, where someone is told that there is an invisible cutline beyond which his cows or sheep should not venture. If the animals venture beyond that cutline, then it becomes a serious issue, where someone can be taken to court. We then find that an innocent herdsman is taken to court, charged with trespass and jailed. Because they do not understand the law, we end up with prisons and correctional facilities which are full of helpless and sometimes clueless people, who are caught up in this modern judicial system. Therefore, there are certain land disputes that could find their way in ADR. On issues of paternity or maternity, it is unfortunate that people have to go to court to establish whether they are the father or mother of a child; or whether they are the son or daughter of a person. A child is a gift from God, and the way it is in many communities, if a lady came to your doorstep and said that a certain child was yours, you take it as a blessing wrapped up in blankets, and raise it. You do not know what that child The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}