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{
    "id": 937836,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937836/?format=api",
    "text_counter": 384,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "The Government can build the mediation centers on neutral grounds that are accessible for people to seek justice. We have been discussing the issue of pending bills in the counties, which has now dropped from Kshs108 billion to Kshs74 billion. Pending bills are an example of a dispute that can be taken to a mediation center, where the county government and the contractor can agree on the mode of payment. We do not need a rigorous process of an adversarial nature like those that we see in a courts of law. The Government can build regional mediation centers across the country. We can have one in Nakuru, Mombasa, Kisumu, Eldoret, and we can also have one in Ukambani. In fact, the mediation center in Ukambani can be built in honor of Sen. Kasanga, now that she is the author of the Bill. The other issue is the identification of issues in disputes, which I have talked about. The LSK and my colleagues in the industry might not agree with this Bill, because it makes the process simple. They might think that this Bill will make them lose the legal fees, but this process will be shorter and simpler, because people will sit on a table and agree. We should avoid retributive justice. We should have a just system where we go home in a win-win situation. Our justice system should not be punitive, where someone goes home crying and the other person goes home happy. We should look for a win-win formula. We currently have a punitive system, which is more of win-lose situation. The criminal cases are retributive in nature, but we should look for a way of balancing that. Finally, the traditional process is supposed to end when the parties reach an agreement. The Bill states that the traditional dispute resolver, upon consultation, determines that further traditional dispute is not feasible. We will now need to meet the old men and women in our villages. This will be an important recognition of the old people, who have been playing an important part in our society. These old people have been holding our society since time immemorial. It is important for us to factor in their input and support. The old people are institutional memories of our communities, and they are custodians of our values, culture and our way of life. They are actually critical in the dispensation of justice."
}