Alternative resolutions to help cut down amount used in courts

The Secretary Devolution and Intergovernmental Relations, Simeon Kirgotty has said that the alternative resolutions will help to cut down the amount of money spent to take cases to court.

Kirgotty said that the measure will facilitate consultation and cooperation between the national and county governments and also amongst county governments.

Speaking during the opening of the alternative regulations at a Nairobi hotel on Wednesday, Kirgotty said that the regulations will enable disputed parties to exhaust the alternative dispute resolution mechanisms before resorting to judicial proceedings.

According to the regulations, parties in dispute shall, within reasonable time, undertake all necessary measures to amicably resolve issues in debate through consultation, negotiation or reconciliation before a dispute is formally declared.

If the parties come to an agreement, they shall submit a copy of the agreement to the Cabinet Secretary (CS), the Technical Committee and the Council and that the CS shall within 30 days of the delivery of the agreement, publish a summary of the agreement in the Kenya Gazzete for public information, says the regulations.

The regulations further state that where parties fail to resolve the issue in controversy, an aggrieved party shall issue a 14 day notice of intention to declare a dispute.

It also states that if parties agree to refer the dispute to mediation, they shall identify and agree on an accredited mediator and if not, the intergovernmental structure to which the declaration has been referred, shall in writing, request an accredited mediation institution to appoint a mediator.

The regulations also state that, where a person other than the parties involved has an interest the subject matter of the dispute, the person may request to be enjoined in the matter.

In a speech read to the press on behalf of the CS of Devolution, Eugene Wamalwa, Kirgotty said that the 2010 constitution ushered in the devolved system which brought opportunities and challenges that need to be systematically addressed in order to realize the full benefits of devolution.

We will partner with all the government agencies in the execution of our responsibilities and exploring ways and means of making devolution work in the country in order to meet the high expectations that Kenyans still have of devolution, said Wamalwa.

In his statement, Wamalwa said that he and all stalk holders, including the Judiciary, Parliament, the executive and the County Government are committed to creating awareness and building capacity on the various avenues and benefits of alternative dispute resolution.

Angeline Hongo, a representative from the state department of devolution said that the country has in the past witnessed conflicts between counties and the alternative regulations will help in solving the disputes.

The Alternative Dispute Resolution (ADR) regulations are set to provide for effective, efficient and impartial resolution of intergovernmental disputes.

Source: Kenya News Agency