17 Oct 2013 in National Assembly:
This Bill does not concern county governments. There have been some allegations that this Bill may concern county governments. Marriage is not a county government business; it is a national Government business because it touches on the lives of all Kenyans from Lokichoggio to Mombasa, and from Sese Island to Moyale and Mandera. This Bill will not occasion any additional expenditure of public funds because it only 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:
deals with properties owned by spouses. It does not deal with properties owned by the Government or county governments.
view
17 Oct 2013 in National Assembly:
This Bill seeks to deal with the matrimonial property disputes in Kenya in the likely event that there is a breakdown in marriage and people need to sort themselves out in a court of law. It provides for the rights and responsibilities of spouses in relation to matrimonial properties that they own or they have acquired jointly. It makes it easy for the courts to anticipate what will happen in the event that they disagree. They can say with certainty how much each spouse will inherit from the matrimonial home.
view
17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Speaker, it is also clear in this Bill that the Islamic faith believers shall be governed by Islamic law in all matters relating to matrimonial property. So, with respect to the Islamic faith, this does not apply; muslims are covered by islamic jurisprudence.
view
17 Oct 2013 in National Assembly:
We have made several amendments to this Bill, so that we can make it relevant and contextualize the Kenyan situation. As the Chair knows, there has been a lot of contention as to which properties belong to who, particularly in cases of those spouses who come to marriage with properties from outside. This Bill now gives opportunities to those people who are courting to enter into agreements as provided in Clause 6(3) before they enter into marriage. They should say which properties belong to which party. That is written in the form of an agreement that is thereafter kept, so ...
view
17 Oct 2013 in National Assembly:
We were given very good situations as we were discussing in the Committee. We were given situations by certain Members that referred to some disputes. For example, a lady was cheated to get married to a man and she was asked to take a loan to build a house which was then registered in the name of the man. The man thereafter brought in another lady who lives in the matrimonial, home and the other woman was chased from that home because it was registered in the name of the husband. There was nothing the lady could do other than ...
view
17 Oct 2013 in National Assembly:
You will see in the Bill that whatever you have contributed in marriage will be given to you in the event of a divorce. That is set out very clearly under Clause 7.
view
17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Speaker, the Bill also gives an opportunity to spouses in the event that they disagree in marriage and one is claiming that a property is his or hers; they can go to court and the court will decide who owns which property in the matrimonial home. So, the Bill gives an opportunity to spouses to make it clear that he or she brought this property and the court will declare it to be his or hers.
view
17 Oct 2013 in National Assembly:
It has also been stated very clearly in this Bill that all properties owned jointly by spouses is assumed to belong to both spouses. The Bill states clearly that it is a rebuttable presumption; it is not absolute, so that in the event that you have a disagreement, you can adduce evidence to say that you brought in, or you contributed to acquisition of property. 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:
Most spouses are in a situation in which one spouse leaves a credit card with the other spouse. When he comes back he finds that the spouse has incurred a bill of Kshs1 million. This Bill is very clear. If you incur a bill not for the benefit of the marriage, the other spouse will not be held responsible for the repayment of that loan; he will not be held liable. We want to bring order to homes, so that few disputes are brought about by expenditure that is incurred in a manner that is not beneficial to the marriage. ...
view