Subject: Kenya lawyers
To: “jaluo@jaluo.com”
By Agwanda Saye
Lawyers have urged President Uhuru Kenyatta to append his signature on the Matrimonial Property Bill 2013.
They also have called on the Judiciary to establish a division of the High Court that exclusively deals with matrimonial property.
The lawyers also proposed that Judges in the Family Division of the High Court at Milimani Law Courts be increased from two to 10 to deal with backlogs and increasing family disputes.
LSK Vice Chairperson Ms. Lilian Renee Omondi said that time had come for the country to do away ancient and unconstitutional matrimonial laws.
Family lawyer Ms. Judy Thongori said that the controversial amendments introduced by Parliament on November 12 can be addressed after President Kenyatta assents the Bill into law.
“We (Kenya) have made gains on the Bill that sending back the Bill to Parliament for debate may kill the dream,” Ms. Thongori said.
The lawyers were speaking during a joint Law Society of Kenya (LSK) and United Nations Development Fund for Women (UNIFEM) breakfast meeting at The Hilton Hotel in Nairobi.
UN Women Country Director Zebib Kavuma said that the Constitution has transformative provisions on equality and non-discrimination that should be upheld.
The Matrimonial Property Bill 2013 elicited public debate after Parliament amended a provision that spouses share matrimonial property 50-50 upon divorce.
According to the amendment by the National Assembly, spouses must prove financial contribution to acquiring matrimonial property before claiming a stake
Ms. Thongori said that the country has no law on matrimonial property arguing that the Bill has progressive sections that should not be embraced.
“There is a lot of public mis-information on the Bill. It has provisions that cater for both professional and stay at home mums on ownership of matrimonial property,” Thongori said.
Lawyer Ochieng Oduol said that the Bill should be passed into law and the Judiciary urged to establish a division that deals with matrimonial property.
“The Family Division at the Milimani Law Courts currently has only two sitting Judges to hear increasing cases on divorce and division of matrimonial property,” Mr. Oduol said.
Mr. Oduol said that the Judiciary should increase the number of Judges at the Family Division from the current two to at least 10 Judges.
Nominated Senator Ms. Judith Sijeny and Runyenjes MP Ms. Cecily Mbarire said that the Bill will be a pillar to both men and women when signed into law.
“We want President Kenyatta to sign the Bill into law then we shall deal with the few controversial clauses later,” Ms. Mbarire said.
Ends….