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{
    "id": 936198,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/936198/?format=api",
    "text_counter": 319,
    "type": "speech",
    "speaker_name": "Sen. Wetangula",
    "speaker_title": "",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "want somebody to help them. I remember that in our early days, my late grandfather was a village elder and people would walk to his home in the morning and raise their concerns. For example, they would tell him, “So and so’s cows broke the fence and ravaged my crops;” or “So and so’s bull has crossed the fence and harassed my cows;” and so on, and so forth. They would then solve these disputes very easily and get things moving. Therefore, Sen. Kasanga should look at Part 4, and simplify it as much as she possibly can. Some of this dispute resolution through traditional means should also be put under some form of administrative structures of counties. Now that we have devolution, not everything should be done through Nairobi, Garbatulla, Bungoma, Mt. Elgon, Trans Nzoia, Makueni or anywhere. People can acquire acknowledgment and respect and be recognized as people who can help. I have seen, again, that Sen. Kasanga, in clause 22, you need to look at--- The fact that People are going to ADR mechanisms for resolution of their disputes should never close doors for them to go to the courts, if they wish. Therefore, in Clause 22, when you say that, “Conciliation records must be confidential and cannot be used in any other proceedings,” that is not the way to go. When People go to a conciliator, and you know Kenyans; we used to have a magistrate who used to receive bribes from both the complainant and the accused, and then say: “Now I can hear them fairly;” because each one had done their bit of the bargain. This happens. Therefore, when you have this convolution of justice and perhaps one of the parties has influenced the conciliator more than the other, and he passes a decision that is evidently unjust to one, the door to justice to the High Courts must be available. We also have cases where the conciliator, by consent of the parties, makes a decision and then one of the parties, either mischievously or by reasons beyond their control, are unable to abide by the decisions reached by the conciliator. Those conciliators and ADR teams do not have the capacity to issue orders that can be enforced by law enforcement agencies. Therefore, just like when an arbitration is done and concluded, it is normally filed in the High Court so that the parties to it can enforce it and get the fruits of their justice from the arbitrator, if one of the parties decides to freak out."
}