3 Aug 2021 in National Assembly:
colonial era when Islam was largely prevalent in the Coast Province and categorised Muslim adherence based on race and therefore characteristically is out of date.
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3 Aug 2021 in National Assembly:
A case example is section 1 of the Wakf Commissioners Act, Cap 109 which empowers the ministers to give direction as to which areas of their country the Act should apply. Under Legal Notice No.164 of 1964 the Act was applied to the Coast Province. The faith has since spread to the rest of the country. Therefore, it is necessary to have changes to reflect that fact in the law. Just to expand on this briefly, the faith by then was only based in Mombasa but today, if you come to my constituency almost every village has a mosque. Islam ...
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3 Aug 2021 in National Assembly:
This Bill emanated from the work of a tax force established in 2016 by the Attorney- General following a petition for review of the law by the Muslim faithful. The tax force comprised Muslim scholars, practitioners, representatives of the offices of the Attorney-General and the Chief Kadhi. The salient features of the Bill are captured in clause 3 which provides for the application of the Bill to the making of administration of Waqf in respect of all areas of Kenya. Indeed, the clause is exclusive and is showing it is covering the entire of Kenya.
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3 Aug 2021 in National Assembly:
Clause 4 provides for the criteria of validity of Waqf in accordance with the provisions of the Bill and defines how valid the Waqf in this Bill will apply. “(a) it is made in accordance with Islamic law; and (b) the ultimate benefit of the Waqf is expressly, or, if permitted by the personal practices of the Waqf, impliedly, reserved for the poor or for any other purposes recognised under Islamic law as a purpose of a permanent character”.
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3 Aug 2021 in National Assembly:
Therefore, the Bill also provides for the establishment of Waqf Commission and its composition as a body, corporate and the appointment, functions and remuneration of the Members of the Commission. It also provides for the appointment of the Director-General and staff of that Commission. Further, the Bill provides for establishment of a selection panel for appointment of members of the commission, to election of the chairperson of the commission and the quorum required for meetings of the commission. The Bill updates the law concerning the management of Waqf, including registration of the commission and its administration, for enquiries into the ...
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3 Aug 2021 in National Assembly:
Without getting into the specific provisions of the Bill, I have observed that the Bill seeks to update and streamline the law regulating the creation and administration of Waqf. The law that is current in force was enacted in 1951 – even before this country became independent. It has never been reviewed since them. This is the first time the Act is being repealed. The Bill provides for the manner of dealing with any agreements made in respect of Waqf property and that Waqf property shall be administered in accordance with the intentions of the Waqf. The commission shall deal ...
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3 Aug 2021 in National Assembly:
Hon. Deputy Speaker, with that, I beg to move and ask Hon. Aden Duale, in whose name the Bill is, to second. 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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8 Jul 2021 in National Assembly:
Hon. Temporary Deputy Speaker, I beg to report that a Committee of the whole House has considered the Law of Succession (Amendment) Bill (National Assembly Bill No. 75 of 2019) and approved the same without amendments.
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6 Jul 2021 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I just wanted to maybe find out from Hon. Kaluma how genuine he is placing his argument. He is a Member of the Committee that dealt with this Bill. For him to come at the tail end of the whole process is not fair. Therefore, I would request that if Hon. Kaluma has reservations, instead of saying before it goes to the Speaker - he has moved the allegations to even your office - I feel he is not being honest in the whole argument as much as what he is saying is The ...
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6 Jul 2021 in National Assembly:
fundamental. So, my take is when we get to the Committee of the whole House, let him come back so that he can prosecute the matter to the level he feels it is supposed to be. Thank you, Hon. Temporary Deputy Speaker.
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