Florence Kajuju

All parliamentary appearances

Entries 651 to 660 of 768.

• 17 Oct 2013 in National Assembly: Hon. Temporary Deputy Speaker, Sir, if you look at Clause 2 of the Bill, you will find that it defines every term that is used in the Bill. Regarding most of the statutes that we have in Kenya today, there has been some conflicts because there has not been clear definition of the terms that have been used in those statutes. However, this particular Bill, under Clause 2, defines what contribution in a marriage is. Especially, when it comes to non-monetary contribution, the courts are not able to quantify exactly what non-monetary contribution is. In this Bill, non-monetary contribution has ... view
• 17 Oct 2013 in National Assembly: this includes provision of conjugal rights. So, where a partner provides conjugal rights, it is regarded as part of the contribution in a marriage. view
• 17 Oct 2013 in National Assembly: Hon. Temporary Deputy Speaker, “companionship” has a very wide meaning. Part of what partners do in a marriage is provision of conjugal rights. You are aware that under the Civil Procedure Act, you can actually move to court and seek for an order for restitution of conjugal rights when they have been denied by either party. So, according to my reading of the law, “companionship” is part of the conjugal rights that are provided by either party of the marriage. view
• 17 Oct 2013 in National Assembly: Thank you, hon. Temporary Deputy Speaker. view
• 17 Oct 2013 in National Assembly: The other definition that I would beg hon. Members to appreciate is on domestic work and management of the matrimonial home. In our present-day society, most married women do not have gainful employment. So, they would be left at home to take care of their children and the man when he gets home. The woman of the house would remove the man’s court and serve him with food. That is all management. Therefore, in defining “contribution”, this Bill has included the management of the husband when he gets home. view
• 17 Oct 2013 in National Assembly: The Bill also defines family business. We have seen conflicts, especially when partners have had to separate. Therefore, each of them pulls aside the little property that they have managed to acquire. Of great importance is the definition of “matrimonial home”. At times there has been conflict between the parties of the marriage regarding the matrimonial home. If a property has been leased, some people may not regard it as matrimonial home. Matrimonial home is the premises that the man has given to the family to live in as their home. So, whether it is owned jointly or owned severally ... view
• 17 Oct 2013 in National Assembly: Hon. Temporary Deputy Speaker, of course, we have the natural meaning of “spouse”, which means “husband and wife”. Another very important provision in this Bill is Clause 3, which provides that in the case of Muslims, marriage disputes will be governed by Islamic law. Therefore, for those who profess to the Islamic faith, disposition of matters regarding any property acquired in the course of marriage will be governed by Islamic law. So, there is no dispute between the Christian faith and the Islamic faith vis-a-vis the law in as far as matrimonial property is concerned. view
• 17 Oct 2013 in National Assembly: According to this Bill, a married woman shall have equal rights to property as the man. Once you acquire and administer property together, it is taken to mean that you 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. view
• 17 Oct 2013 in National Assembly: have equal rights over the property and, therefore, any person can move and seek for declaration of their rights in the event of a dispute. Hon. Temporary Deputy Speaker, I pray that my brothers will read Clause 5. Any property that is acquired before marriage by either party, that property shall be regarded as belonging to the party that had acquired it. This provision, therefore, preserves the rights of a party before marriage. In this Bill, there is also provision for prenuptial agreement. So, if you have a property and you intend to enter into a marriage relationship, you can ... view
• 17 Oct 2013 in National Assembly: the family unit is a sensitive institution. It would be extremely unfair for one of the spouses to go out and get mortgage or lease out property which is a matrimonial home. This is why the consent is necessary to enable the parties live in harmony. The other provision is that the Chief Justice has the capacity to make regulations under Section 18. The Civil Procedure Act under Section 81 allows the Chief Justice to make rules and regulations that determine the practice or procedure under this Act. The importance of that provision is that where there--- Not everything can ... view