Sylvia Mueni Kasanga

All parliamentary appearances

Entries 501 to 510 of 775.

• 19 Nov 2019 in Senate: Rather than just having a register of mediators, this Bill is providing for a register of conciliators and traditional dispute resolvers. That way, they can send more cases to a wider pool of dispute resolvers thus easing the burden of the courts. view
• 19 Nov 2019 in Senate: I know that a lot of this Bill has not been understood by many Kenyans out there. They have not really internalized what it is the Bill is trying to do. However, I have taken the advice that we do not need to formalize the traditional justice system. It needs to be as simple as possible. There is a clause that requires that if a party wants an outcome from the traditional system to be written down for their own purposes because we have issues of enforcement in a lot of this alternative dispute resolution processes, then we are saying ... view
• 19 Nov 2019 in Senate: I will give this an example because it was in a different forum when we were coming up with this idea. This is where you find a traditional dispute resolving tribunal is sitting and considering an issue, but in the absence of the affected party. That is not correct. We are now changing that. This happens a lot. For example, a girl has been raped, the elders sit together, but she will not be called in that forum. They will make the decision without her; maybe even her parents might not be there. The decision will be made and finalized ... view
• 19 Nov 2019 in Senate: In a land issue, for example, where it is considered in the absence of the two parties that is not correct. That is not in the spirit of justice. The spirit of justice requires that in an alternative dispute resolution process, all parties must be represented and have full information. They must also participate in the process so that there is ownership of the outcome. We know where the issues of exclusion have taken us in this country. view
• 19 Nov 2019 in Senate: In a special way, I acknowledge comments that were made by Sen. (Prof.) Ongeri. He reminded us that it was through an alternative dispute resolution process that we saw the end of the Post-Election Violence (PEV) in 2008. This is something that keeps eluding us because we are so busy. It is this process that saw the end of the violence and it led to a coalition government. Ultimately, it gave birth to the new Constitution. The very same Constitution that we are saying today has anchored alternative dispute resolution as key to seeking justice. view
• 19 Nov 2019 in Senate: I appreciated that because he said it in a colorful way that remained us of the place we came from. Our senior leaders went into details, reminding us on the intricacies. A lot was happening inside those closed doors. view
• 19 Nov 2019 in Senate: He really coloured it nicely and reminded us that it was this process that gave birth to the new Constitution. Like Sen. M. Kajwang’ has said, issues of war and civil strife are best resolved through the alternative dispute resolution. The biggest reason it is so is because of its nature of inclusion. There is no winner-take-it-all outcome. It is a win-win situation where people meet at a middles ground. That is the essence of alternative dispute resolution. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from ... view
• 19 Nov 2019 in Senate: Mr. Temporary Speaker, Sir, I had the privilege of being in a forum where the Chief Justice was a keynote speaker. I was very privileged when he requested me to address the forum and speak on the Bill. He said that any process that helps to reduce the backlog of the cases in the courts is most welcome. I know that he was speaking to this because there has been a bit of pushback from some of the other key stakeholders in the industry. What he was telling us, as key stakeholders in that forum, is: “Sit down and work ... view
• 19 Nov 2019 in Senate: Yes, I shall do that. Mr. Temporary Speaker, Sir, it is interesting that also the statistics that were presented on --- My thought process is a bit affected right now. I am not used to the Chair interjecting. 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: The other thing that came out of that forum that was very interesting - and all of you will find this very interesting - is the amount of money it takes when you take a case through a judicial process vis-a-vis the savings you would have if you did an alternative justice system. The savings are in terms of money and time. You can imagine that there is no question about it. We know court cases that go on for years, and that lawyer gets paid very time he appears for a mention and the mention is adjournment. We heard ... view