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{
"id": 937833,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937833/?format=api",
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"type": "speech",
"speaker_name": "Sen. Cherargei",
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"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "Kenyans should understand is that at its root, the Alternative Dispute Resolution Bill is giving credibility and legality of the traditional dispute resolution mechanism. We are just putting it to pen and paper, but many communities in the country have been practicing conciliation, mediation and many others. It starts at the family level to the communality level. Even when somebody is getting married, it is part of negotiations. Those are some of the issues. Kenyans should understand that the ADR Bill is as simple as that. Mr. Temporary Speaker, Sir, on the issue of classification of cases that can be handled, we should allow labour issues to be resolved through ADR. Today, we have a Petition on the ongoing Kenya Union of Clinical Officers (KUCO) and the Kenya National Union of Teachers (KNUT), where there has been an appointment of conciliation teams. I know that land matters are very emotive, because of their nature. The same applies to civil and commercial matters. I think we have a mediation centre in Kigali, Rwanda. In fact, in the modern world, commercial matters are handled by alternative dispute resolution. I have heard my colleague allude to the fact if we allow this process to proceed in the civil cases, we might decongest our prisons. Currently our prisons are holding more than 60,000 prisoners, as of many months ago. Therefore, this will assist us in decongesting the prisons and ensuring that the process continues. Mr. Temporary Speaker Sir, I know that the issue of requirements of accreditation is a contentious issue. We will agree with the Committee on how it should be formed, because there are so many industry players; the arbitration associations; issues of the Law Society of Kenya (LSK), et cetera . There is also the issue of the Judiciary and the bench roll. As we proceed with looking into the issues of accreditation at the moment, we seek guidance from your Office, through the Senate Business Committee (SBC). You have instructed my Committee to prepare a report on the same so that all the stakeholders, industry players, the Federation of Kenya Employers (FKE), and many other sectors can be part of this process, because we are looking into the future of it. Fourthly, because I know that my colleagues also want to contribute, is on the discretion of the courts. A court where a dispute is filed or pending may refer the dispute for determination through conciliation or mediation. This is a straightforward matter, and it has been happening. Even on issues of labour, family, matrimony and succession matters, the courts have always referred to conciliation or mediation. This discretion is very important, because before it is being referred, they would have been subjected to what I can call ‘legal balance,’ where the courts will determine whether that matter should be referred to mediation or conciliation. It will not just be a case whereby someone commits murder or a serious crime, and we decide to use ADR. This is important, because the courts will now have a balance on what and what matters should be referred to ADR. I know that the areas where Sen. Imam and Sen. Farhiya come from, and even Africa in general, ADR is very strong, because of its nature and the way it is applied. Since our traditions, values, culture and religions are so different in terms of making decisions, we need somebody who is a neutral arbitrator, who can refer the case. The way"
}