Kisumu gets alternative dispute resolution guide

@alalmaurice

The Civil Society Organisation Network in Kisumu has launched guideline for out-of-court alternative dispute resolutions.

It's swifter and cheaper than court, respects community beliefs and respects parties' desire for justice.

Community elders have welcomed it saying Luos traditionally have resolved conflicts by themselves and now have judicial authority behind them. It will encourage respect for culture and tradition.

CSO network team leader Betty Okero said the guidelines will be used to settle disputes and conflicts in communities through non-court processes.

They follow guidelines established by the Judiciary.

They will not deal with serious crimes.

She spoke during the launch of the guidelines book in a ceremony attended by civil society members and national government administrative officers in Kisumu.

Okero said alternative dispute resolution involves mediation, negotiation, conciliation and arbitration to reduce, resolve or eliminate conflict outside of a court process. Court processes are often long and drawn out.

The guidelines follow the adoption of alternative dispute resolutions by the Judiciary. Okero said the process will also reduce the backlog of cases in court.

She called on communities to adopt it.

“The book will help to guide how community engagement can be undertaken in a way that creates credibility of the process and legitimacy of the outcome,” Okero said.

In Kenya, cases of conflict handled through ADR are 82 per cent, with 10 per cent of cases of conflict finding their way to court, according to a justice survey.

“This highlights the importance of the ADR in administering justice for people unable to use the court system and strengthening the rule of law,” she said.

Traditional justice structures in Kenya have also recognised the benefits of ADR and are encouraging citizens with disputes to seek resolution through the different mechanisms.

“It is a complementary justice provider to the Judiciary because they are not just accessible but also effective. It is not time-consuming and costly,” Okero said.

in August 2020, the Judiciary adopted the policy of judicial fairness in ADR.

ADR encourages and promotes the use of culture, customary law practices and beliefs to resolve disputes. Thus, it protects the most vulnerable and enhances administration of justice.

Assistant Kisumu county commissioner Michael Arika praised the guidelines.

"We are the major stakeholders in conflict resolutions in communities. It will also enhance services the government offers to citizens,” he said.

Arika pledged government officers will ensure ADR guidelines are fully implemented for every member of the public to realise justice within the stipulated framework.

With the increasing population, he said the judicial system is often overstretched, hence, the need for dispute resolution at the subcounty level with all stakeholders.

Luo Council of Elders secretary general Silas Abong said ADR has always been used in the community.

“There was a time when people forgot there was ADR and they went full blast to courts. This has brought a lot of confusion, even in petty issues that could be addressed by elders of the community,” he said.

Going forward, Abong said, the elders will make sure that ADR is well implemented according to the guidelines.

“It will be without bias. Both parties will be satisfied and in this kind of conflict of resolutions there has never been appeal,” he said.

“We are very happy that we have restored our lost glory of resolving our own issues as a community.”

(Edited by V. Graham)