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{
    "id": 936197,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/936197/?format=api",
    "text_counter": 318,
    "type": "speech",
    "speaker_name": "Sen. Wetangula",
    "speaker_title": "",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "It is an indictment on all of us for a case to stay in court for 40 years to a point where the grandchildren of the people who were litigating to be the ones now asking to be enjoined in the case. We have a similar case in Kitale of a farm called Mengo Farm which has been in court for close to 30 years. Somebody now wants to evict families that are almost second to third generation. This Bill will help in a way to reduce the backlog in our courts. In as much as going to court is a constitutional right in this country; it is sometimes turned from hope to a nightmare. In the past, we used to have judges like Judge Aragon and others who would go to court at 9.00 a.m. and adjourn all the cases on his case list by 9.30 a.m. and that would mark the end of his day. He would then walk to Trattoria Restaurant to enjoy a cup of cappuccino yet he had done nothing. If a lawyer appearing before him insisted on going on, they would actually lose the case. The lawyers would just allow him to adjourn the cases. We need speedy resolution of disputes. The 2010 Constitution provides for this and it is the foundation of this Bill. We do have the arbitration process which is commonly used in commercial disputes such as construction contracts and similar engagements. That is where parties sign for arbitration as the first point of call in dispute resolution. We also have this in the Political Parties Act. In fact, Ford Kenya, Wiper and Amani National Congress (ANC) are having difficulties with the Orange Democratic Party (ODM) for receiving political party funds and keeping all of it without caring that we are partners. We signed that the first point of call is arbitration. We are, therefore, trying to move to arbitration to see whether we can resolve the matter there. In doing so, we will lessen the burden on the Judiciary, which already overburdened and under pressure from the Executive through budget cuts. When we are dealing with Alternative Dispute Resolution (ADR), I want to encourage the proponent of this Bill. I have seen that in Clause 27, we are talking of traditional conciliators. Let me take, for example, where Sen. Abshiro comes from; the people who resolve traditional disputes are not necessarily educated. However, they have wisdom, respect and their decision is likely to be binding to the parties to the dispute. We should, therefore, not be too hard, trying to say there must be a committee, and that they must be recognized. When parties have a problem, you will find that traditional structures have their own way of dealing with things. You will also find that there is an elderly person who is acknowledged, appreciated and respected. Therefore, when people have problems, they just walk to him, and tell him: “Somebody is encroaching on my land;” or “Somebody is demanding to take away my cow;” or “Somebody has taken away my daughter and is refusing to pay dowry;” and so many such things. Therefore, the law should recognize those talents without putting too much expectation on them in terms of education or committee making and so on, and so forth. It should be simple, accessible and fair as possible; and justice is grounded in fairness. Whoever can do a fair act to people in dispute is dispensing justice. I know parts of this country where, for you to even start talking of forming committees to deal with disputes, is not feasible. People simply have a problem and they The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}