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{
    "id": 987715,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/987715/?format=api",
    "text_counter": 969,
    "type": "speech",
    "speaker_name": "Kipkelion East, JP",
    "speaker_title": "Hon. Joseph Limo",
    "speaker": {
        "id": 1915,
        "legal_name": "Joseph Kirui Limo",
        "slug": "joseph-kirui-limo"
    },
    "content": "Amendment Contract Act (Cap.23) New Insert the following new section immediately after section 3⸺ Contractual obligations during the COVID pandemic. 3A. (1) Without prejudice to any existing terms, provisions or exclusions in a contract which was existing prior the commencement of this section, the COVID-19 pandemic shall be construed as a “force majeure” occurrence. (2) Where the effects of COVID-19 pandemic affect the performance of contractual obligations under an existing contract, the following actions shall be prohibited — (a) commencement of levying of execution; (b) enforcement of security over movable and immovable property used for the purpose of a trade, business or profession; (c) repossession of any goods used for the purpose of a trade, business or profession; or determination of lease or licence of immovable property in connection with non-payment of rent or other monies This particular section is touching on the Law of Contract and it is important during the COVID-19 period. During the COVID-19 period, the contracts, including those involving bank loans which have been taken, cannot be enforceable in case of failure to pay. The bank cannot sell your property for the time being because there is that risk if you fail to repay the loan. Industries such as hotel and airlines, and transport companies such as Easy Coach, have closed business. However, they have loans and if they are not protected, the banks can sell off all their assets. During the period of COVID-19, as declared by the Government, there is no flying or generally travelling, no opening of restaurants and bars. So, during this period, until the Government declares otherwise, banks cannot repossess your movable or immovable assets for purposes of recovering the loans you have. This is intended to save Kenyans from being intimidated and deprived of their property. This is a very good move. It will help Kenyans during this period."
}