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{
    "id": 937740,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937740/?format=api",
    "text_counter": 288,
    "type": "speech",
    "speaker_name": "Sen. Kasanga",
    "speaker_title": "",
    "speaker": {
        "id": 13185,
        "legal_name": "Sylvia Mueni Kasanga",
        "slug": "sylvia-mueni-kasanga"
    },
    "content": "were forwarded, it is clear that we are losing a lot of money and a lot of it is being withheld. We know that the Kenya Revenue Authority (KRA) has been crying that a lot of their money is being held by court cases. This could easily be resolved faster through the ADR system. Mr. Deputy Speaker Sir, Chapter 10 of the Constitution establishes the Judiciary as one of the three arms of the national Government. The mandate of the Judiciary is to deliver justice. We agree that these court processes may be lengthy, and it is time for us to look into other areas, so that we can save on the backlog that is affecting our Judiciary today. Article 48 of the Constitution obligates the State to ensure access to justice to all persons. Article 159 (2) provides the principles to guide the courts and tribunals, while exercising this judicial authority. One of the principles is to promote the alternative dispute resolution mechanisms. In our case, we talk of conciliation, mediation, arbitration and traditional dispute resolution systems. However, we already know that arbitration is guided by a law which is already in use. Therefore, this Bill will be looking specifically to conciliation, mediation, and traditional dispute resolution systems. This Bill seeks to implement Articles 48 and 159 (2) of the Constitution in this regard. We are looking to provide a framework. In fact, when Sen. Ochillo-Ayako was asking me what exactly I want to achieve in this earlier today, we concluded that what we want to do is make professional what is already happening in the industry. We already have mediators, conciliators and traditional justice systems that have been in place since time immemorial. The question is: How professional is it? What is guiding how they are regulated? How are they paid and trained? These are the issues we want to address in this Bill. We also want to provide for the process of alternative dispute resolution. This is how persons can use these three methods; and the role of the parties, the court, and the person who is facilitating the dispute resolution. All these steps have to be taken up for recognition and enforcement of the settlements that come out of it. Part I of the Bill provides for interpretation, the objects and the application and the guiding principles of the alternative dispute resolution. Clause 3 of the Bill sets out the objects. Some of the main objects are to:- (a) give effect to Article 159(2)(c) of the Constitution; (b) provide an effective mechanism for amicable dispute resolution; (c) promote a conciliatory approach to dispute resolution; (d) facilitate timely resolution of disputes at a relatively affordable cost; (e) facilitate access to justice; (f) enhance community and individual involvement in dispute resolution; and, (g) foster peace and cohesion. As you can see, this is a far-reaching Bill, which we shall be seeking a lot of support for. Clause 4 of the Bill will apply to certain civil disputes. From the consultations we have had, it is clear that we need to define which these certain civil disputes are, so that we do not give a Bill that brings more confusion because of issues of public interest."
}