Moses Otieno Kajwang'

All parliamentary appearances

Entries 1721 to 1730 of 2972.

• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, on the question that you raised and where you sought clarification on the difference between conciliation and mediation, I have also been asking myself that. The definition in the Bill requires above-average intelligence to tell the difference between conciliators and mediators. view
• 19 Nov 2019 in Senate: As I proceed, you will also understand and appreciate that I might be challenged to pronounce some of these words properly. So, allow me to pronounce them as my tongue finds them fit. view
• 19 Nov 2019 in Senate: In this Bill, the ADR has been defined as the use of conciliation, mediation and traditional dispute resolution mechanisms to resolve conflict. The question I have been asking my friend, Sen. Kasanga, is; if you have a register or accreditation of conciliators and mediators, what then would be the qualifications for one to be a conciliator or The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate. view
• 19 Nov 2019 in Senate: mediator? She has clarified to me that there is training that is preferred upon those who wish to be conciliators and mediators. The further question was; what about church officials who have been playing this role for a long time? There are a lot of disputes that do not find themselves in courts of law. We go to our fathers, bishops and priests, pastors in churches and sometimes, they bring us together, reconcile us and play the role of conciliation - if I look at the definition that is in this Bill. Would my pastor, who probably has 30 years’ ... view
• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, I guess the big question that we must ask ourselves is whether Africa had a system of settling disputes before the Western style of judicial discussion and determination was imposed on us. I have said it before, that Africa is a collection of many States which are not necessarily nations. We find nations cutting across different states. For example, you will find that the Maasai will cut across Tanzania and Kenya; or the Somali, who cut across the countries we call Somalia, Somaliland and Kenya. All these had their traditional means of dealing with disputes. The ... view
• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, just the other day, I was reading an article that was put up by the Kenya National Library Services (KNLS) trying to defend their role, and how much they have done to entrench a reading culture in this Republic. They were particularly put to task that most of the books in public libraries in this Republic are those that have been authored by foreigners on foreign subjects. The KNLS responded by saying that Kenyans do not publish; and that most of the published work in Kenya is curriculum material and a few story books. Therefore, there ... view
• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, there are a few types of disputes which I personally believe would benefit greatly from this Bill, like issues of succession or inheritance. When a family loses a breadwinner – it could be the mother or the father, who was endowed financially – there is always a race to ensure that all sorts of interested parties become beneficiaries of that estate. In many of these cases, it has led to great embarrassment to the families involved. When people rush to court to seek letters of administration and orders, for them to be enjoined into the estate ... view
• 19 Nov 2019 in Senate: Many-a-time when there is an inheritance question, that is when children who were previously unknown, come into the picture. It is also when spouses that were previously invisible come into the picture. This has happened to many families, large and small. At times, we focus on the embarrassment that is visited on the larger families. This is because we have made it a habit, that even succession issues and litigation on inheritance, when they go to the traditional judiciary, matters are prosecuted in the open. I believe and hope that once we pass this Bill, those involved in such cases, ... view
• 19 Nov 2019 in Senate: will one day become. However, because of us vacating our traditional practices and values, we find that someone takes the father who has died to court to prove that he was the father, so that they can become part of that estate. These are things that are un- African. Even though we are in a global village, it is my view that we must seek alternative options to ensure that we deal with these issues. Mr. Temporary Speaker, Sir, there are issues of paternity in very extended families. I will give you an example; in my county of Homa Bay, ... view
• 19 Nov 2019 in Senate: Indeed, Mr. Temporary Speaker, Sir, it is a significant matter which is normally handled by the Council of Elders. We have told our Council of Elders that they need to focus less on politics, and more on such issues that put young boys and girls at a great disadvantage. I remember many years ago, in the 1950’s, through the leadership of one great community leader called Paulo Mboya, the elders sat down and split that clan into two. This was to ensure that not every other relationship would then be looked at as incest. You can imagine people in four ... view