23 Oct 2013 in National Assembly:
I want to congratulate hon. Jamleck Kamau for this Motion. I agree with those who were saying that, immediately this House passes this Motion, we want a circular from the Cabinet Secretary, National Treasury, to implement it immediately. So that the money which will be saved can be used to support our children and the youth; we can actually increase the Youth Fund. We can give more money to our women who want more money to do social activities. If we go that way, we will be helping this country and we will remain leaders who will be remembered even ...
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17 Oct 2013 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. I also rise to support the Bill. As it has been said by hon. Members, this is actually a very progressive Bill and has many advantages to our families.
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17 Oct 2013 in National Assembly:
However, even as I support this Bill, there are a number of things that I would like to bring forward because they will arise during the implementation of this Bill, in case it is passed and it becomes an Act of Parliament. I have realized that we might pass this Bill, it becomes an Act of Parliament and then implementation becomes a challenge because some of the things are not clear.
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17 Oct 2013 in National Assembly:
I want to start with Clause 2 where we are talking about what really informs the word “contribution”. I can see we are talking about domestic work, caring for the children and companionship. What I would like us to think as we enact this Bill is if we want to value the contribution in terms of companionship--- For example, I have bought a 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.
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17 Oct 2013 in National Assembly:
piece of land, I am the one who is working, is earning a salary but it gets to a level where we are divorcing and we are saying that this land needs to be shared half-half. My wife could be a housewife but you want to bring in the aspect of companionship and taking care of children. How do we do the valuation of that? To me, that is critical because if we do not get it right, we will have a law where we have challenges when it comes to implementation.
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17 Oct 2013 in National Assembly:
If you look at Clause 12(3), you will find that it says that a spouse shall not during the subsistence of the marriage be evicted from the matrimonial home by or at the instance of the other spouse except by order of court. This is good but we need to take note that these days a number of wives or husbands have actually been killed because they live in the same house and yet they have disagreements. This is where you disagree in the way you want to do your things and you insist on staying in that house. One ...
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17 Oct 2013 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. I appreciate that information. As it was indicated by the Deputy Speaker earlier in the day, this Report was submitted to this House today and some of us have not had a chance to look at it. However, I thank the Chairman for informing me. The Clause also says that during the distribution of matrimonial property between and amongst spouses the customary law of the community in question shall---
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17 Oct 2013 in National Assembly:
Here we are enacting a law which we are saying is very progressive and at the same time we are sneaking customary law into it. To me, these are some of the areas which could cause problems in terms of implementation. This is because customary law is very strong where I come from and it is a matter of saying that we have a small provision to use customary law and then we ruin this good law. This is an area we may need to do what hon. Pricilla was proposing. Instead of saying “shall”, we should use the word ...
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17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Speaker, lastly, there are some communities in this country where women marry women. This is not what we talk about here in Nairobi. This is allowed by our customs. This is a situation where you find a lady has been married for 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.
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17 Oct 2013 in National Assembly:
many years, she has not managed to get boys, all the daughters are married and then she wants to get another lady who will actually succeed the family. You will have the lady married, she will come to the family, she will get children and life will continue. It might not be possible to legislate for everybody but I think that is another area just like when we said that the first wife has passed on, she has left behind children and the wife who comes after is not agreeing with the children. For purposes of protecting the children, we ...
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