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{
    "id": 937831,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937831/?format=api",
    "text_counter": 379,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "The other day, the Chief Justice of the Republic of Kenya and the Ministry of Interior and National Coordination, investigatory and prosecutor powers let by the Director of Public Prosecution (DPP), Directorate of Criminal Investigation (DCI) and Ethics and Anti-Corruption Commission (EACC) had a discussion on how the Judiciary is slowing majorly the economic crimes and the corruption cases. A few weeks ago, the same Executive were purporting to cut the budget that is meant for the Judiciary. It is in the public domain that the Chief Justice complained that the cutting of resources that are meant to assist in speedy and timely conclusion of many cases, which we have a backlog in our Judicial System. It is ironical that these are the same people who are now sitting with him. Mr. Temporary Speaker, Sir, I hope that this matter will be concluded in the fullness of time. This is because any serious country or democracy should allocate at least 3.5 per cent of the total national budget to the Judiciary. We are doing badly, because we have allocated them 0.6 per cent. The highest was at one per cent, in Financial Year 2014/2015. These are some of the serious issues that we would want to see addressed. If the ADR will assist us to clear the backlog of cases in our courts, then we have to support it. This is because it will be simple, efficient, and cost effective. One of the guiding principles in Clause 5 is to ensure that we have voluntary participation. In my county, there is a case that has been pending in Environment and Land Court for the last 40 years. The decision was made just the other day. We, as a Committee, have received numerous complaints from the members of public that our courts are slowing down the access to justice. If the ADR will be adopted fully in this country, it will create what we call a win- win situation in the cases of plea bargaining. There is limitation in what the ADR can do, even in the economic crimes and corruption cases. We must explore this because we have been discussing it with a multiagency team that is being chaired by the Attorney-General, on the possibility of bringing plea bargaining. I know that the ADR has its own limitations. Mr. Temporary Speaker, Sir, Sen. Hargura has said that our traditional dispute resolution has been provided for under Article 152 of the Constitution. In his country, there was an issue of murder, and the community elders were able to resolve it. I know that those are some of the cases that we do not foresee the ADR using, but our traditional mechanisms were able to resolve them. Mr. Temporary Speaker, Sir, even in Samburu County, where you come from, the issue of traditional dispute resolution is very strong. Where I come from, many things are being resolved at the lowest level of traditional dispute resolution. We have issues of land matters, succession, matrimonial differences, criminal nature, property and many other issues, that are being resolved at the lowest level of traditional dispute resolution."
}