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Home > Country profiles > Kenya > Articles > Article detail

Mediation Is Right for Dismantling Excessive Litigation, but Lawyers Must Accept It

Wednesday, 14th June 2018

"The mixture of imprudent judges, uninformed judgments and corrupt systems is a lethal recipe. If we add the ingredients of negligent prosecutors and selfish and vindictive legislators, we have a perfect poisonous meal.

Sooner rather than later, all stakeholders involved in sustaining and safeguarding the rule of law must come to terms with the fact that our country's governance systems could soon hit rock bottom.

The recent NYS scandal season II, where only the small fish have landed (provisionally) in jail; the Ruaraka land saga, which is one and a half times bigger than NYS; and the Kenya Pipeline Company scandal, which is calculated to be 70 times bigger than NYS, put us at a different level of corruption and impunity.

The magnitude of theft is overwhelming, and when we turn to look at "blind lady justice", she is swamped and exhausted with thousands of little and perhaps socially irrelevant cases that should not have ended up in court.

There is a general perception that a huge percentage of cases (nobody knows the exact figures) clogging our court system should have been settled outside the courtroom."

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Language: English
Contact: Luis Franceschi

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