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{
"id": 331769,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/331769/?format=api",
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"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
"slug": "githu-muigai"
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"content": " Mr. Speaker, Sir, I beg to reply. (a) I am indeed aware that the new Constitution advocates for the use of alternative dispute resolution in the settlement of disputes. Indeed in exercising judicial authority, courts and tribunals are obliged to observe the guiding principle set out in Article 159 of the Constitution. On the issue of accreditation of mediators, I wish to state that in this country, their accreditation is carried out through the Accreditation Committee which is, a committee appointed by the hon. Chief Justice under Section 59(a) of the Civil Procedure Act as amended by this Parliament earlier this year in the Statute Law Miscellaneous (Amendment) Act, 2012. The composition of the accreditation committee includes the chairman of the rules committee, one member nominated by the Attorney-General, two members nominated by the Law Society of Kenya (LSK) and eight members nominated by the following bodies:- (i) The Chartered Institute of Arbitrators, Kenya Section, (ii) The Kenya Private Sector Alliance, (iii) The International Commission of Jurists (ICJ), (iv) The Institute of Certified Public Accountants, (v) The Institute of Certified Public Secretaries, (vi) The Kenya Bankers Association, (vii) The Federation of Kenya Employers (FKE); and, (viii) The Central Organization of Trade Unions (COTU) Mr. Speaker, Sir, the accreditation of arbitrators is governed by the Arbitration Act, Act No.5 of 1995 and in taking into account the provisions of Article 159 of the Constitution and those of the Arbitration Act, any arbitration including one done under the traditional justice system are recognized as valid arbitrations under Kenyan law. This means, therefore, that for someone to be recognized as an arbitrator in Kenya, he or she does not have to be accredited in the United Kingdom. The LSK, the Chartered Institute of Arbitrators, the Arbitrators Society of Kenya and many other organisations are able to appoint arbitrators who carry out valid arbitrations in Kenya and indeed in the region. Parties are free to appoint arbitrators of their choice. These arbitrators do not have to belong to any organization and no accreditation is necessary. The Chartered Institute of Arbitrators, Kenya Branch, offers training in mediation, arbitration and other alternative dispute resolution mechanisms. The Institute maintains a list of persons who have passed the examination offered by the Institute. Membership categories include associate member, member, fellow and chartered arbitrator status. I am aware, Mr. Speaker, Sir, that you are one of the members of this institute and it is my privilege to be a member alongside you and alongside other distinguished members like the hon. John Olago Alouch."
}