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{
    "id": 937745,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937745/?format=api",
    "text_counter": 293,
    "type": "speech",
    "speaker_name": "Sen. Kasanga",
    "speaker_title": "",
    "speaker": {
        "id": 13185,
        "legal_name": "Sylvia Mueni Kasanga",
        "slug": "sylvia-mueni-kasanga"
    },
    "content": "Clauses 24 and 25 provide that when conciliation or mediation comes to an end, the role of the conciliator or mediator also comes to an end. Their roles come to an end because the settlement has either been agreed or the parties have wished not to proceed with the process. It could also mean that they have seen that there is no reconciliation or resolution, hence they can opt to choose another method. Due to the nature of diversity of traditional dispute resolution mechanisms, Part IV of the Bill provides for that purpose. The application of traditional dispute resolution mechanisms in the country involves customary laws and those traditional dispute resolvers are drawn from our communities. I am aware and the Committee on Legal Affairs and Human Rights is aware of the issues around the traditional dispute resolvers and the fact that we cannot formalize what is otherwise working as informal. A few key fundamental issues have to be upheld in line with our Constitution. There are circumstances where traditional dispute resolution does infringe and violate on human freedoms and rights. This Bill seeks to address this under Article 24 of the Constitution, which requires customary laws to be consistent with the Constitution. Therefore, to ensure that the processes are fair, there is need for some degree of regulation. We do understand that this regulation has to be very unique. Therefore, Clause 25 of the Bill provides that a traditional dispute resolver shall be impartial and apply the rules of natural justice, and shall be acquainted with the customary law under which he will practice. Clause 28 provides that the parties can submit an alternative dispute resolution to a court of law, and this can be referred back to a traditional dispute resolution process. It is fairly open. Whereas conciliators and mediators are required to be registered and accredited, it is not mandatory for the alternative dispute resolution committee to register traditional dispute resolvers. I want to be clear on this because I fear that Kenyans may think that we want to register every traditional dispute resolver, and it may not be practical in any sense"
}