Wamalwa urges counties to pursue ADR, avoid courts

February 28, 2018 5:29 pm
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Wamalwa called upon the two levels of government to explore traditional dispute resolution mechanisms before resorting to the courts/FILE

, NAIROBI, Kenya, Feb 28 – Devolution Cabinet Secretary Eugene Wamalwa has urged County Governments to make use of Alternative Dispute Resolution mechanisms to address and stem waste of public resources used in the courts.

Speaking during the opening of the Alternative Dispute Resolution regulations validation workshop at Crown Plaza on Wednesday, Wamalwa called upon the two levels of government to explore traditional dispute resolution mechanisms before resorting to the courts.

“Article 159 (2) of the Constitution of Kenya 2010, entrenches the principle of reconciliation, mediation, arbitration and traditional dispute resolution mechanisms while Article 189 (4) provides for the enactment of procedures for settling intergovernmental disputes through negotiations, mediation and arbitration,” stated Wamalwa.

Wamalwa said a lot of resources time and energy used through court cases have made it difficult for warring parties to execute their duties effectively.

“The costs of litigation are a major constraint to development as development projects have been unduly delayed and sometimes abandoned due to litigation,” He said.

He said if not checked the court processes threatens the gains from devolution as public funds get diverted to pay the high cost of litigation as a result disrupting the provision of normal public services to citizens.

He committed to work with all stakeholders including the Judiciary, Parliament, the executive, County Governments and Assemblies, Independent and Constitutional Commissions, State bodies, non-governmental organizations and the general public to create awareness and build capacity on the various avenues and benefits of alternative dispute resolution.

Chief Justice Maraga last year urged the public to embrace out of court dispute resolution mechanism so as to save money and ease congestion in courts and prisons.

He said not all cases should be taken to court.

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