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{
"id": 937844,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937844/?format=api",
"text_counter": 392,
"type": "speech",
"speaker_name": "Sen. (Prof.) Ongeri",
"speaker_title": "",
"speaker": {
"id": 124,
"legal_name": "Samson Kegeo Ongeri",
"slug": "samson-ongeri"
},
"content": "by the late Kofi Anan, and they managed to reach an amicable understanding and acceptance by all Kenyans. That this is the way that we should go. He gave us a roadmap on how the Constitution should be promulgated. We are now recipients of that new Constitution, which gave birth to the devolved system of government. In doing so, the Constitution was quite clear that there would be disputes within the counties and inter- counties. The only body in the Constitution that is mandated to resolve those disputes is the Judiciary. The Judiciary, in being able to effect Article 48 of our Constitution, has drawn an inspiration from Article 159(2) (c) on ADR Mechanisms. That is the basis upon which this Bill is being brought before this House. It is not void to talk about this Bill, because there is a context under which it is being drawn out of the judicial system; that under Article 159(2)(c) it gives the courts the opportunity to let this matter go for either private resolution or other ways. Mr. Temporary Speaker, Sir, the court process is expensive, it takes longer for disputes to be resolved, which results in a huge backlog in cases. Similarly, the parties are not in control of the outcome of these disputes, and it does not always result in reconciling the parties. That is not a win-win situation. Mr. Temporary Speaker, Sir, Part (i),(ii),(iii) and (iv) describe the process under which these ARD mechanisms can be done, and the methodology under which it should be done. It also indicates how the matters are brought before the parties, how the parties are appointed and reconstituted; and how the committee is to recommend people of integrity, high standing, people who are impeccable and cannot be swayed one way or the other; and people who understand the contemporary issues involved in dispute resolution. The Bill is indicating the mechanism on how this should be done. Then there is outcome of that process; what should the Bill say at the end of this outcome? If they agree, how is the consent registered before the court? If it is outside the court, how is the consent registered? What does the consent mean? Sometimes it might protect the minors; it might also protect the Bills of Rights. As long as this Bill is being enacted, there are also areas which are a no-go zone for this Bill. You cannot create an alternative mechanism which flaunts the fundamental rights of people to be able to be heard in a particular manner or in a particular way. Mr. Temporary Speaker, Sir, I wish to commend this on my colleagues, because it now gives us an opportunity to resolve issues which hitherto have remained unresolved, particularly land disputes in our communities. This includes the grazing rights, the water points, road reserves and the boundaries in our communities within our neighbors. It is within the reach of our own traditional people to resolve these matters. The court process is too lengthy. It is too expensive for the ordinary mwananchi to enable them access justice through this manner. With those few remarks, Mr. Temporary Speaker, Sir, I support this Bill and recommend that we should pass it very quickly so that it can be applied immediately. Thank you, Mr. Temporary Speaker, Sir."
}