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{
    "id": 936260,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/936260/?format=api",
    "text_counter": 381,
    "type": "speech",
    "speaker_name": "Sen. Kasanga",
    "speaker_title": "",
    "speaker": {
        "id": 13185,
        "legal_name": "Sylvia Mueni Kasanga",
        "slug": "sylvia-mueni-kasanga"
    },
    "content": "arbitrator’s word is final. However, even arbitration can still be challenged in a court of law and that is what our courts allow for. Parties should have access to justice. One of the things that we have stated in this Bill is that there has to be a request to the court if parties are not satisfied with the outcome of a mediation process. However, parties should allow for mediation process before they go to court rather than going to wait for years for an outcome that they could easily get from a mediation process. Nobody stops parties from going from one mediation process to another until they are satisfied. Parties can also make a request to court to go for litigation if they are not satisfied with the outcome. Part IV of this Bill touches on the traditional dispute resolution mechanism. In a different forum, we said that we have been resolving disputes since time immemorial before the explorers came to this country. We used to resolve our disputes traditionally in our own way. Many times, we say that it is the judicial process that is the alternative because there is that which we are used to and which our communities are used to. We have to pay respect and acknowledge the fact that most of our disputes in the village are resolved through the traditional dispute resolution mechanism. Mr. Temporary Speaker, Sir, one of the beauties of the traditional dispute resolution mechanism is its informality. There is no formal process. Tribunal may sit under tree presided by one man with a lot of wisdom or it could be a group of village elders who will deliberate on issues. A decision made by the tribunal would be respected by the community. We do not want to change that in this Bill. We want to acknowledge that it gives access to justice to Kenyans who cannot reach courts, mediators or conciliators because those are too formal for them to reach out to. Sen. (Dr) Musuruve spoke to the issue of the Bill of Rights. We have heard many stories from many Senators who spoke about it. Many times, we have witnessed cases where human rights are infringed upon by the outcome of tribunal sittings in the villages and that is part of what we are addressing in this Bill. I have received a lot of criticism from the industry about trying to formalize the justice system. Party or parties who have received an award or outcome from a traditional justice system and their basic human rights as envisioned in the Constitution have been infringed upon, they have a right to a recourse. They can go to court. What we are saying is that the traditional dispute resolution mechanism that was presided over by the elders is not final. Many times, it has been envisioned as the end, but we are now saying no. We have a new Constitution that we must adhere to. That is what this Bill is trying to do."
}