Senate Speaker Kenneth Lusaka together with the Senators has advised the Chief Justice David Maraga to embrace Alternative Dispute Resolution (ADR) mechanisms in solving cases.
The senators asked the national and county governments, their agencies and the public to seek recourse through the ADR.
According to them, the approach is quicker and cheaper compared to the lengthy and costly court cases.
Speaking during a Senator’s breakfast, Lusaka noted: “Kenyans must be made aware that litigation is not the only solution to disputes. Going to court is no longer sustainable therefore we need to educate the masses on ADR.
“Protracted court cases, between national and county governments and frivolous electoral petitions, for instance, have redirected millions of shillings that could have been used for development,” the speaker added.
During the meeting, Justice Jaqueline Kamau noted that Article 159 of the Constitution recognizes the importance of ADR “and was categorical that it shall be promoted.”
Article 159 (2) (c) of the Constitution notes that forms of dispute resolution include reconciliation, mediation, arbitration and traditional mechanisms.
“It needs not be fashionable anymore to say ‘Let’s meet in court,” she affirmed.
Supporting the speaker’s sentiments, Kipchumba Murkomen, who is Elgeyo Marakwet Senator, asserted that while examining the legal and policy framework of ADR, mechanisms for mediation within counties should be considered.
“This had not been envisioned because the focus has been on intergovernmental ADR,” Murkomen mentioned.