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{
    "id": 779509,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/779509/?format=api",
    "text_counter": 402,
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    "content": "Therefore, Mr. Deputy Speaker, Sir, the future in terms of conflict resolution--- I know of a situation in the last Parliament where my Governor and the MP of Ainabkoi Constituency were always fighting over whether Elgeyo Marakwet County should be collecting cess around Kaptagat area. This is because Kaptagat is both in Uasin Gishu and Elgeyo Marakwet counties. So, we have all these challenges in terms of boundaries. Therefore, the efforts of the Senator must be recognized, despite the fact that he was part and parcel of those who unknowingly defeated a Bill in this House and annoyed me. I am a reasonable man and I know that this is a good Bill. This is because it is about creating mechanisms for solving those disputes peacefully so that we can avoid situations where there are fights, for example, between Kitui and Garissa or Tana River counties because of grazing rights and boundaries. There is also the question of Elgeyo Marakwet and West Pokot or Baringo Counties. Luckily for the Baringo side, we enjoy having the Kerio River, and already this Bill says that it is up to the east and the west side of the river to determine those boundaries. But, where there are no natural features, many people struggle to know exactly where the boundaries are and how they will deal with those situations. Mr. Deputy Speaker, Sir, I am agreeable to the fact that Sen. Mutula Kilonzo Jnr. has proposed that the resolution of these boundary problems, in the first instance, be subjected to a mediation Committee. That is important because alternative dispute resolution must be encouraged. Mediation captures the spirit of the African culture on how Africans resolved their problems. This is something that we must think through. Yesterday, I saw the Cabinet Secretary (CS) in charge of the Ministry of Devolution and Planning, Hon. Eugene Wamalwa, who is also an Advocate, adding his voice to this issue. He argued that one of the biggest problems bedeviling counties is dealing with legal fees and, therefore, mediation and conciliation should be applied so that we can solve some of those problems. This is of benefit not only to the enforcement of rights but also in the expansion of the constitution with regards to the maxim of locusstandi. This applies to any person who can go to court on behalf of a county and anybody who thinks that their rights have or will be infringed, which will lead to counties being in serious problems dealing with legal fees. In agreeing with the CS, we have to develop mechanisms of dealing with this problem. We have to develop mechanisms between us and the Judiciary, where the courts will consciously realize that public resources will be expended in defending all the cases brought to court. Where it is possible, particularly where you are not dealing directly with the enforcement of rights, we must sit down and see to it that mediation, reconciliation and arbitration are applied as alternative dispute resolution mechanisms so that we can save our resources in this country. Yesterday, as we spoke about the insurance situation in Murang’a, we know that unscrupulous and corrupt individuals operating in counties are misusing the service sector, including the legal sector, to instruct individuals with an intention of paying them exorbitant legal fees that are sometimes immoral. Even we, as lawyers, must take a stand that we will not participate in a process of inflating legal fees just for the sake of fleecing our counties of their resources. It is laughable that some lawyers cannot even pay their The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}