Sylvia Mueni Kasanga

All parliamentary appearances

Entries 491 to 500 of 775.

• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, I would like to speak on the conciliators and mediators who are being trained currently before I speak on the traditional ones. There are many institutions that train mediators and conciliators. Many people just by their own right out of age or status in the community have become conciliators and mediators. We also have a crop of people who are making a living out of mediation and conciliation. Those are the people we are targeting in this Bill. Such people are trained and then go out to offer their services in mediation or conciliate and charge ... view
• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, I wonder whether you attended the Breakfast Session that we had here in the Senate in 2017. The Chartered Institute on Alternative Dispute Resolution was invited to speak to the Senators on Alternative Dispute Resolution (ADR). From that forum, we learnt that someone can make money out of mediation but you have to go through a formal training where you will be awarded a certificate for you to offer your services and receive a fee. view
• 19 Nov 2019 in Senate: I am worried that there are so many institutions that are training. So, it is hard to determine the quality of training that happens in those institutions or who is regulating them. Sen. Wetangula mentioned that we now have ethical issues surrounding ADR that whenever two parties go for ADR, the conciliator or mediator cuts deals with one of the parties. That means that we need order. The committee that has been proposed in this Bill needs to be formed. The Committee should keep a regulation register of those who are trained ascertaining that they have been trained in a ... view
• 19 Nov 2019 in Senate: live happily. I am looking at the people who earn money out of resolving disputes. If we leave them unregulated and unaccredited, we risk having quacks running around. We will then fail to gain that which alternative dispute resolution should be giving us that is; quick resolution of issues, cohesion and the other things that the objects of the Bill speak to. I have received some backlash from industry players because of this Bill. However, I was once told by a wise person that if you get pushback from people, it means that you are doing something right. I therefore ... view
• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, I believe that the religious leader will have to continue with the role that they have been playing in ADR. The religious leaders approach the ADR from the angle of church which is spiritual. It is part of their duty as spiritual leaders to help resolve disputes. The spiritual leaders do not earn money from the mediation processes that they conduct. My concern, and what this Bill is addressing, is the conciliators who go through a training to earn money. A lot of the conciliation that is done from the church need not have a formal ... view
• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, I would like to speak about the outcome of these processes. Nothing stops two parties from going to court even after they have been through a mediation process. In fact, it is only in arbitration where the 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: arbitrator’s word is final. However, even arbitration can still be challenged in a court of law and that is what our courts allow for. Parties should have access to justice. One of the things that we have stated in this Bill is that there has to be a request to the court if parties are not satisfied with the outcome of a mediation process. However, parties should allow for mediation process before they go to court rather than going to wait for years for an outcome that they could easily get from a mediation process. Nobody stops parties from going ... view
• 19 Nov 2019 in Senate: There is a provision that the Committee which will be formed may keep a register of traditional dispute resolvers. Again, who is a dispute resolver? How do we say that this person qualifies to be a dispute resolver? It is very difficult, but there are those that are known. For those that are known, this committee could keep a register of them. What that allows to happen is that even when a case goes to court, the sitting judge can look at that list and say: “Why not take this case to this tribunal, they may be able to handle ... view
• 19 Nov 2019 in Senate: Like Sen. M. Kajwang’ has said, we have categories of disputes that will benefit from alternative dispute resolution. A lot of them have to do with cases of succession, land, paternity and maternity, war and civil strife. Right now, in a way of doing this, the court has mediation that was rolled out into the counties is. They keep a register of 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: mediators for certain cases, especially the ones that Sen. M. Kajwang’has rightfully put here. This is by sending them to mediation to ease the burden of the courts. A lot of them have been resolved in those platforms without necessarily going back to court. view