Speaker Lusaka Calls on Government and Public to Embrace ADR

NAIROBI, 14TH June, 2018 – The Speaker of the Senate, Rt Hon Kenneth Lusaka has urged the National, County Governments, their agencies and members of the public to seek recourse through Alternative Dispute Resolution (ADR) Mechanisms.

Addressing a breakfast meeting where Senators met with leadership and members of the Chartered Institute of Arbitrators (K) and Centre for Alternative Dispute Resolution, Speaker Lusaka said ADR will provide swifter and less costly recourse.

“Kenyans must be made aware that litigation is not the only solution to disputes. Going to court is no longer sustainable and therefore we need to educate the masses on ADR,” said the Senate Speaker.

“Protracted court cases for instance between National and County Governments and frivolous electoral petitions have redirected millions of shillings that could be used for development.”

At the end last year’s General Election, 277 cases were lodged challenging the outcomes of the various elective positions.

Hon. Lady Justice Jaqueline Kamau on her part noted that in the framing of the Constitution, Article 159 “recognizes the importance of ADR and is categorical that it shall be ‘promoted’.”

Article 159 (2) (c) provides “alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted…”

Justice Kamau stated that it needs not be fashionable anymore to say, “Let’s meet in court!”

Senate Majority Leader, Sen Kipchumba Murkomen said that while examining the legal and policy framework of ADR, mechanisms for mediation within counties should be considered.

“With the input of our arbitral institutes, we need to make provisions for internal mediation in counties. This had not been envisioned because the focus has been on intergovernmental ADR,” said Sen Murkomen.

Others present at the meeting included Minority Whip, Sen Mutula Kilonzo Jr, Sen Rose Nyamunga, Sen Cleophas Malala and Sen (Arch) Sylvia Kasanga, among others.

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